SHAHID NAWAZ alias BAWA vs THE STATE
The petitioner, Shahid Nawaz alias Bawa, sought post-arrest bail in a criminal matter involving a murder charge on merits and statutory grounds. The prosecution alleged that the petitioner fired a fatal shot hitting the deceased, Ghulam Abbas, causing his death, with a specific motive of old murders. The petitioner argued false implication, prolonged detention of over two years and eight months, delay attributable to the complainant, grant of bail to co-accused, and coverage under the statutory delay provisions. The State and complainant opposed the bail, contending that the petitioner was the main accused who inflicted the fatal injury, the trial was at an advanced stage with five witnesses already examined, and delays were caused by the defense. The Lahore High Court held that the petitioner was the principal offender who caused the fatal blow, that the co-accused granted bail were not challaned by the police, and that the trial was actively progressing with witnesses in attendance. Consequently, the Court dismissed the bail petition, declining relief on both merits and statutory grounds.
- Is an accused who allegedly inflicted the fatal blow entitled to post-arrest bail on merits when the trial is actively progressing?
- Whether prolonged detention warrants the grant of statutory bail under section 497 Code of Criminal Procedure 1898 when delays are attributed to the defense and trial is near conclusion?
- Does the grant of bail to co-accused who were not challaned by the police establish a case of consistency for the main accused?
- Section 497(2), Code of Criminal Procedure 1898
- Section 497(1), Code of Criminal Procedure 1898
ORDER
C.M. No, 1342/M of 2001 ' Allowed. Main Case Petitioner Shahid Nawaz seeks bail on two-fold grounds, one on merit and second on statutory ground.
2. Brief 'facts of the case are that the petitioner fired a shot with his rifle which hit the right ear of Ghulam Abbas and went through and through the left eye. The second fire was made by Khalid Hussain with gun on the son of the complainant which also hit near the right ear. The third fire made by Bashir Ahmad too hit the right ear of Ghulam Abbass. Kifayat Ullah also resorted to firing.
Ghulam Abbass succumbed to the injuries at the spot. The motive was that of old murders. Some accused were also nominated for conspiracy.
2. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case, petitioner is behind the bars for last 2 years and 8 months, most of the adjournments were sought by learned counsel for the complainant on one pretext or the other, co-accused of the petitioner have been allowed bail and that apart from subsection (2) to section 497, Cr.P.C. Case of the petitioner is also covered by the third proviso to section 497(1), Cr.P.C.
4. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submit that five accused were not challaned by the Police and now after the statement of the complainant they have been summoned. Further submits that the case is fixed for evidence, five witnesses have been examined and most of the adjournments have taken place on the request of learned counsel for the defence.
5. We have heard learned counsel for the parties. The co-accused who were granted bail have not been challaned by the Police. Petitioner is the main accused He. Caused accused the fatal blow.
Trial is in progress rather five witnesses have been examined. Even the trial is fixed for today and the witnesses are present. In these circumstances, we are not inclined to allow bail either on merits or statutory ground.
Dismissed Bail declined.