ZAHEER alias FAUJI vs THE STATE
This matter arises from a petition for post-arrest bail in relation to F.I.R. No. 368 dated 9-7-2000 registered under sections 302, 392, and 34 of the Pakistan Penal Code 1860, and sections 6 and 7 of the Anti-Terrorism Act 1997 at Police Station Sarai Alamgir, District Gujrat. The core legal question concerns whether the petitioner, accused of planning the robbery and murder of a taxi driver whose body was found in a canal and whose car was stolen, is entitled to post-arrest bail based on not being seen at the actual place of occurrence. The court held that a prima facie case is made out against the petitioner for his role in planning the offence, notwithstanding his absence from the scene of the crime. Consequently, the court dismissed the bail petition, establishing that planning and last-seen evidence can sufficiently connect an accused to a heinous crime to preclude the grant of bail at this stage.
- Whether an accused not seen at the actual place of occurrence can be granted post-arrest bail when a prima facie case of planning the crime exists?
- Does evidence of the deceased being last seen in the company of the accused justify withholding bail in a murder and robbery case?
- Section 302, Pakistan Penal Code 1860
- Section 392, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 6, Anti-Terrorism Act 1997
- Section 7, Anti-Terrorism Act 1997
ORDER
' The matter pertains to F.I.R. No,368, dated 9-7-2000 lodged under sections 302, 392 and 34, P.P.C.
And under sections 6 and 7 of the Anti-Terrorism Act (XXVII of 1997), at Police Station Sarai Alamgir, District Gujrat.
2. Briefly the facts of the case are as follows:-- On 9-7-2000, the dead body of an unknown person was found floating in the Upper Jhelum Canal, near the Kharian Railway Gate in the area of Police Station Sarai Alamgir. Muhammad Saeed who saw the dead body, lodged the F.I.R. With the Police Station Sarai Alamgir. During investigation, it was discovered that the dead body was of Raja Qamar-uz-Zaman, resident of Pothi Rajgan, Police Station Sarai Alamgir. The deceased was owner of a Corolla Car bearing Registration No,IDK-2728. This he was using as a private taxi and was attached with a dealer "Usman Rent-a-Car" located in Kharain City. It also then transpired that on 3-7-2000 at about 1-15 p.m. Qamar-uz-Zaman deceased stopped his car near a bus stop and met Amir Zaman and Muhammad Nadeem, P.Ws., and informed them that he was taking Muhammad Asim Butt and Mst. Rehana Kausar, the co-accused, as passengers to Jhelum. That he would return by the evening. When Qamar-uz-Zaman did not return, Aamir Zaman tried to contact Muhammad Asim Butt and Mst. Rehana Kausar at their addresses but could not find them. He expressed the apprehension that they may have killed Qamar-uz-Zaman for taking away his car, after throwing his dead body in the canal with the help of the petitioner Muhammad Zaheer alias Fauji Muhammad Asif. Muhammad Nasir and Muhammad Irfan co-accused who have stolen his car, gold chain, wrist watch, identity card and passport etc.
3. It was further alleged that the aforementioned persons had hired the car of Qamar-uz-Zaman.
4. A piece of evidence is in the nature of last-seen evidence of Muhammad Azam and Abdul Khaliq, P.Ws., who saw the deceased in the company of Muhammad Asim, Nasir Majeed, Muhammad' Asif, petitioner Muhammad Zaheer and Irfan alias Fani.
5. A prima facie case is made out against the accused for his role in planning this case. Although he was not seen at the place of occurrence. Under the circumstances, we are not inclined to enlarge him on bail. Dismissed.
Cited by 3 cases
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