ABDUL SALEEM vs THE STATE
This criminal petition arises from an order of the High Court of Sindh, which refused to grant post-arrest bail to the petitioner in a case registered under section 302/34 of the Pakistan Penal Code 1860 for the alleged murder of an unknown person. The core legal question before the Supreme Court was whether the petitioner was entitled to bail where he was not named in the First Information Report, no recovery was effected from him, there were no eyewitnesses, and his implication was solely based on the circumstance of being last seen with the deceased. The Supreme Court of Pakistan held that the case against the petitioner called for further inquiry under the law. Consequently, the Court converted the petition into an appeal, allowed the appeal, and admitted the petitioner to bail subject to furnishing the requisite surety bonds, establishing the principle that tentative assessment of material pointing towards further inquiry warrants the grant of bail in non-bailable offences.
- Whether an accused not named in the FIR and connected only through last-seen evidence is entitled to post-arrest bail?
- Does the lack of recovery and eyewitnesses warrant further inquiry into the guilt of an accused under section 302?
- When can a criminal petition for refusal of bail be converted into an appeal and allowed by the Supreme Court?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' IRSHAD HASAN KHAN, J.---This Criminal Petition arises from the order of learned Judge of the High Court of Sindh, Karachi, dated 26-6-1997 passed in Criminal Bail Application No,860 of 1997, whereby learned Judge refused to grant bail to the petitioner in a case registered against Aslam and Javed vide F.I.R. No,39 of 1997 under section 302/34, P.P.C. Police Station Pak Colony, Karachi, West, for committing murder of one unknown person.
2. Learned counsel for the petitioner argued that the petitioner was not named in the F.I.R.; no recovery had been effected from him; there was no eyewitness of the incident; and that the petitioner had been falsely involved merely on the ground that the deceased was last seen being allegedly taken away by the accused. He further submits that the petitioner is in jail since 21-2-1997 and that prima facie there is no evidence on record to connect the accused with the alleged offence.
3. After hearing the learned counsel for the petitioner as well as the State, we find that, in the circumstances of the case, the matter requires further inquiry.
4. We, therefore, convert this petition into an appeal and admit the petitioner to bail in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of Trial Court. The appeal is allowed accordingly.
Cited by 1 case
- MUHAMMAD SALEEM Versus State 2007 YLR 1551