ALI HAIDER alias SHAHZAD ALI vs THE STATE
This matter concerns a bail application filed by the accused, Ali Haider alias Shahzad Ali, who was arrested by the Anti-Car Lifting Cell in Karachi. The prosecution alleged that the accused was found near a Suzuki Cultus car, which was seized under Section 550 of the Code of Criminal Procedure 1898, and that various documents, including a registration book and insurance stamps, were recovered from his personal search and the vehicle. The core legal question was whether the prosecution had established sufficient grounds to deny bail, given the ambiguity in the First Information Report regarding the recovery of specific items and the lack of direct evidence linking the accused to car snatching or document forgery. The Sindh High Court held that the prosecution failed to provide clear evidence connecting the accused to the alleged offences, noting that mere presence near a vehicle does not constitute possession or proof of theft. Consequently, the court granted bail, establishing the principle that vague allegations in an F.I.R. regarding the source of recovery and a lack of direct evidence connecting an accused to the crime warrant the grant of bail.
- Does the mere presence of an accused person by the side of a vehicle constitute sufficient evidence of possession for the purpose of denying bail?
- Can bail be granted when the First Information Report contains vague allegations regarding the specific recovery of incriminating articles from the accused versus the vehicle?
- Is the absence of direct evidence connecting an accused to the commission of an offence a valid ground for the grant of bail?
- Section 550, Code of Criminal Procedure 1898
ORDER
1. ' According to prosecution Ali Haider alias Shahzad Ali was found available by the side of one Suzuki Cultus Car parked in front of parking lot of Civic Centre, Karachi and was taken into custody by Sub-Inspector Abdul Khalid of Police Station Anti-Car Lifting Cell, Sharifabad, Karachi. The car was also seized under section 550, Cr.P.C. It is stated that in the result of personal search and search of the car one photostat copy of N.I.C. One Press Card, one Stamp of General Insurance, one Stamp of Jubilee Insurance, one Registration Book in the name of Jamal Abdul Nasir and open transfer letter of the vehicle were recovered. It is further alleged that Shahzad Ali was found to be member of gang of car lifters and car snatchers involved in dispensing of such cars and getting their documents prepared.
2. ' The bail plea of the accused was turned down by the learned IIIrd Additional Sessions Judge, Karachi (East).
3. ' The F.I.R. Contains vague words that the seals and documents were recovered from the personal search and the search of the car without making it clear that which of the articles/documents were recovered from the accused and which from the car. The learned State Counsel has not been able to point out any direct evidence connecting the accused with the snatching of the car and managing the preparation of documents thereof. He simply stated that the stolen vehicle was recovered from the possession of this accused but for that also the evidence is that he was available by the side of that car.
4. ' In the circumstances, the applicant/accused has a case for bail. The bail is granted. He shall be released on furnishing of his surety in the sum of RS.1, 00,000 (Rupees one lac only) and P.R. Bond in the like amount to the satisfaction of the trial Court.