MUHAMMAD GUL and others vs THE STATE
This matter arises from a petition for leave to appeal seeking pre-arrest bail in a criminal case. The core legal question concerns the entitlement of accused police constables to anticipatory bail when they are not named in the First Information Report and no significant role is attributed to them. The Supreme Court of Pakistan held that the petition regarding the first petitioner was not pressed and thus dismissed, while the petitions of the remaining petitioners, who were police constables with no significant role alleged and whose names were absent from the F.I.R., were converted into appeals and allowed. The court laid down the principle that accused individuals not named in the F.I.R. and lacking specific active roles are entitled to the grant of anticipatory bail.
- Whether accused individuals not named in the F.I.R. and having no significant role attributed to them are entitled to anticipatory bail?
- Can a petition for leave to appeal be converted into an appeal and allowed under criminal jurisprudence?
ORDER
ABDUL HAFEEZ MEMON, J.---Mr. Muhammad Ashraf Qazi, learned counsel for the petitioners, does not press this petition in respect of Muhammad Gul, A.S.I., petitioner No,1, and pressed it in respect of the remaining petitioners only. The petition of Muhammad Gul, petitioner No,1, is accordingly, dismissed. As to the remaining petitioners Nos.2 to 5, they are police constables and are not alleged to have played any significant role and even their names are not mentioned in the F.I.R.
2. In the circumstances, the petition of petitioners Nos.2 to 5, namely, Anwar Khan, Nazim Ali, Muzaffar Iqbal and Suhail Haroon, is converted into appeal and allowed, and each one of them is granted anticipatory bail in the sum of Rs,50,000 with one surety and P.R. Bond, in the like amount, to the satisfaction of Session Judge, Karachi West.
Cited by 1 case
- Shahzada Qaiser Arfat @ Qaiser vs The State, etc 2021 PLD Supreme Court 708, 2021 P SC (Crl.) 589, 2021 SCP 134