Mst. ZIARAT BIBI vs SAID KHAN and 3 others
This matter concerns a criminal petition filed by the complainant seeking the cancellation of bail granted to the accused-respondents by the Special Court, Kohat, in a case involving murder and attempted murder. The accused were charged under sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the trial court exercised its discretion correctly in granting bail despite the existence of prima facie evidence connecting the accused to the offence. The High Court, upon reviewing the record, noted that injured eye-witnesses and those who escaped unhurt corroborated the prosecution's case in their statements under section 161 of the Code of Criminal Procedure 1898. Furthermore, medical and post-mortem reports supported the prosecution's allegations. The Court held that the offence fell within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, and the trial court's grant of bail was incorrect. Consequently, the Court cancelled the bail, ordered the accused into custody, and directed the trial court to conclude the proceedings within four months.
- Whether the High Court can cancel bail granted by a trial court when the offence falls under the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Does the existence of corroborating statements from injured eye-witnesses and medical reports constitute sufficient grounds to cancel bail?
- Can the High Court impose a time limit on the trial court for the conclusion of proceedings when cancelling bail?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
' TALAAT QAYYUM QURESHI, J.--- Having been involved in case registered vide F.I.R. No,142, dated 9- 8-2000 under sections 302/324/ 148/149, P.P.C. Police Station Gambat District, Kohat accused- respondents Nos.1 to 3 submitted application for their release on bail in the Court of learned Judge Special Court, Kohat which was accepted and the accused-respondents were directed to be released on bail vide order, dated 2-12-2000. The petitioner/complainant being not satisfied with the said order has moved this Court for cancellation of to accused-respondents Nos.1 to 3.
2. Mst. Ziarat Bibi complainant reported in injured condition that she alongwith her brother Hussain Khan, Jehangir, Mst. Habib Jana, Mst. Razia and Gulab Shah were coming to Toray Stanai for condolence of Muhammad Rauf in a Pick-up which was being driven by her son Zar Wali. When they reached near Dhandokay, accused Lal Shah, Muhammad Hussain, Lal Said, Said Khan, Sher Bahadar and Gul Muhammad duly armed with Kalashnikovs appeared and started firing at them with which her brother Hussain Shah got hit and died on the spot while she and Gulab Shah got injured and other escaped unhurt. The motive stated in the report is that Lal Shah accused subjected her son Sher Ali to carnal intercourse at Karachi.
3. We have heard the learned counsel for the parties and perused the record.
4. The accused-respondents have been charged in the F.I.R. For committing murder of Hussain Shah and injuring Mst. Ziarat Bibi, complainant and Gulab Shah. Not only the injured eye-witnesses in their statements recorded under section 161, Cr.P.C. Have supported the case of the prosecution but those who had escaped unhurt during the occurrence have also supported the case of prosecution. Therefore, there exists a prima facie case against the accused-respondents;
5. The post-mortem report of deceased Hussain Shah and medico-legal report in respect of Mst.
Ziarat Bibi, complainant and Gulab Shah also support the case of prosecution. There is sufficient material available on record to provide ground for believing that the accused-respondents Nos.1 to 3, prima facie, were connected with the offence, which carried punishment falling under the prohibitory clause of section 497, Cr.P.C. Discretion exercised by the learned trial Court in releasing the accused-respondents on bail in the circumstances, was not correct. We, therefore, accept the petition in hand and cancel/recall the to accused-respondents Nos.1 and 3 vide order, dated 2-12- 2000. They are present in Court, be taken into custody. Since the challan has been submitted in the trial Court on 20-9-2000, therefore, the learned trial Court is directed to conclude the trial within a period of four months failing which the accused-respondents shall be at liberty to move fresh application for their release on bail in the trial Court.
Bail cancelled.