GHANIURREHMAN vs JAMROZ KHAN and anothers
This matter arose from a petition for post-arrest bail filed by the petitioner involved in an offence under Sections 302, 324, and 34 of the Pakistan Penal Code 1860, registered pursuant to an FIR lodged in 1997. The core legal question was whether the petitioner was entitled to the concession of post-arrest bail considering the evidence on record and his long period of abscondence. The Peshawar High Court dismissed the bail petition, holding that the petitioner was directly nominated in a promptly lodged FIR for a daylight occurrence involving local parties, supported by medical evidence and recoveries from the scene. The Court emphasized that the petitioner remained an absconder for over four years and five months following the incident without providing any explanation for his fugitive status. The key legal principle laid down is that long, unexplained abscondence disentitles an accused person from receiving the discretionary relief of bail.
- Does long and unexplained abscondence disentitle an accused person from being granted bail?
- Whether direct nomination in a promptly lodged FIR for a daylight occurrence disentitles the accused to bail when supported by medical and physical evidence?
- Can bail be refused solely or primarily on the ground that the accused remained a fugitive from law for several years?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
' Having been involved in case registered vide F.I.R. No,79, dated 17-2-1997 under sections 302/324/34, P.P.C. At Police Station Daud Zai, the accused-petitioner submitted an application for his release on bail in the Court of learned Additional Sessions Judge, Peshawar, which was dismissed vide order, dated 12-10-2001. He has now moved this Court for his release on bail.
2. On the day of occurrence complainant alongwith P.W. Muhammad Iqbal and deceased Raj Wali Khan were busy in their fields in routine work. In the meanwhile accused Ghazi-ur-Rehman, Habib- urRehman and Ghani-ur-Rehman sons of Fazal-ur-Rehman and Bukhari son of Ghazi-ur-Rehman co-villagers of the complainant duly armed came to the spot and with intention to kill started firing at the complainant party and with the firing of the accused deceased Raj Wali Khan was hit and expired on the spot while complainant and P.W. Muhammad Iqbal escaped unhurt. Motive for the occurrence is land dispute between the parties.
3. I have heard Syed Mir Muhammad, Advocate representing the petitioner, Muhammad Safdar Khan, Advocate representing the complainant, Malik Akhtar Naveed Dy.A.-G. For the State and perused the record.
4. Accused-petitioner stands directly charged in promptly lodged F.I.R. For mounting attack with three other co-accused duly armed with deadly weapons as a result of which Raj Wali Khan was murdered and complainant Jamroz Khan as well as eye-witness Iqbal Khan escaped unhurt.
Parties belonged to the same village and the occurrence took place in broad daylight, therefore, the question of mistaken identity does not arise. Three empties of 7.62 bore and blood-stained earth were recovered from the spot which show that the ocular evidence is in line with the prosecution case. Medico-legal/post-mortem report shows that there were in all five entry wounds on the person of deceased. This fact too supports the prosecution case. Muhammad Iqbal, eye- witness, in his statement recorded under section 161, Cr.P.C. Has also fully supported the case of prosecution.
5. The occurrence took place on 17-2-1997, whereas the accused-petitioner was arrested in a raid conducted by the police on 8-7-2001. He remained fugitive from law for four years and five months and there is no explanation available on file as to why did he remain absconder. The B unexplained long abscondence for four years and five months disentitles him from the concession of bail.
Reliance in this regard is placed on Sher Ali v. The State 1998 SCM R 190 and Suhrab and others v.
The State 2001 PCr.LJ 366. I am, therefore, not inclined to release the IC accused-petitioner on bail.
Resultantly this application is dismissed.