MEHTAR vs THE STATE and anothers
The petitioner, Mehtar, sought post-arrest bail in a criminal case registered under Sections 302, 307, and 34 of the Pakistan Penal Code 1860, following the refusal of his bail application by the Additional Sessions Judge. The prosecution alleged that the petitioner and a co-accused opened fire on the complainant and others, resulting in injuries, with the motive attributed to a blood feud. The Peshawar High Court examined the record and noted that the occurrence took place in 1994 and the petitioner had remained a fugitive from law for four to five years. The Court held that noticeable abscondance disentitles an accused to the concession of bail, regardless of the merits of the case. Furthermore, the Court found that the simultaneous firing by the accused established a prima facie case of common intention and vicarious liability. Given the direct charge supported by eye-witnesses and the long period of abscondance, the Court concluded there were reasonable grounds to believe the petitioner was guilty of an offence falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and consequently rejected the bail application.
- Does noticeable abscondance by an accused disentitle them to the concession of bail regardless of the merits of the case?
- Does simultaneous firing by multiple accused establish a prima facie case of common intention and vicarious liability?
- Is an accused who has been a fugitive from law for several years entitled to bail under the Code of Criminal Procedure 1898?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
' MIAN MUHAMMAD AJMAL, J.--- Accused-petitioner Mehtar facing prosecution in case F.I.R. No,439, dated 27-9-1994 under section 302/307/34, P.P.C., Police Station Kabal, Sawat was refused bail by the learned Additional Sessions Judge/Izzafi Zilla Qazi-II, Swat vide his order, dated 5-11-1998. Now he has approached this Court for the same relief.
2. According to the F.I.R., Saeed-ud-Din complainant alongwith his father, cousin Afzal Shah and Muhammad Saleh after attending a post-marriage function at Kabal, returned by Bus on 27-9- 1994. At afternoon they reached Adda Dardiyal, when they were alighting they saw accused Mehtar and Asghar Khan sitting in the shop of the Matai who started firing on them. The complainant was hit with the fire shot of the accused-petitioner while Afzal Shah sustained injuries with the firing of co-accused Asghar Khan. One Luqman Hakeem a passerby was also injured with the fireshots of the accused. Motive is stated to be blood feud enmity between the parties.
3. We have heard the learned counsel for the parties and have perused the record of the case with their assistance.
4. In this case occurrence took place in the year 1994 and the accused-petitioner remained fugitive from law for 4/5 years. It is a settled law that fugitive from law loses some of the normal rights granted by the procedural and substantive law and noticeable abscondance disentitles the absconder to the concession of bail notwithstanding the merits of the case. Moreover, simultaneous firing of the accused reflect their common intention in the commission of the crime and prima facie the principle of vicarious liability is applicable to the circumstances of the case.
Reference can be made to 1996 SCM R 1023.
5. In view of the direct charge supported by the eye-witnesses coupled with noticeable long abscondance sufficiently provide reasonable grounds to believe that the accused-petitioner is guilty of offence charged with which falls within the prohibitory clause of section 497, Cr.P.C. Hence he is not entitled to the concession of bail.
' Consequently, this bail application is rejected.
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- YAQUB KHAN vs THE STATE and another 2010 YLR 1021
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- TA LIB alias ATTA ULLA H vs THE STATE 2002 YLR 610
- JALAL and another vs THE STATE and another 2001 P Cr. L J 1355
- MUSHTAQ AHMED vs THE STATE 2000 YLR 1695