SYED-UL-AAIN vs THE STATE
This is a criminal petition for post-arrest bail arising from an FIR involving charges of murder and other offences where two persons died and the complainant was injured. The core legal question is whether the petitioner is entitled to post-arrest bail when he is named in the FIR, is attributed a specific role including ineffective firing and a butt blow, and has remained an absconder for a significant period. The Lahore High Court dismissed the petition, holding that the offence falls within the prohibitory clause under subsection (1) of section 497, Code of Criminal Procedure 1898, and that no ground for bail is made out considering the petitioner's role and his prolonged absconsion. The key principle laid down is that an accused facing capital or prohibitory charges who is specifically named, plays an active role causing injury, and remains an absconder is not entitled to post-arrest bail.
- Whether an accused attributed with ineffective firing and a butt blow is entitled to post-arrest bail when facing murder charges?
- Does prolonged absconsion disentitle an accused from claiming the concession of bail?
- Whether a case of further inquiry is made out under section 497(2) of the Code of Criminal Procedure 1898 when the accused is named in the FIR with a specific role?
- Section 497(2), Code of Criminal Procedure 1898
- Section 497(1), Code of Criminal Procedure 1898
ORDER
' It is contended by learned counsel for the petitioner that only ineffective firing is attributed to the present petitioner, that he is behind the bars for the last 11 months, no more required by the police for further investigation and that his case is of further inquiry falling under subsection (2) of section 497, Cr.P.C.
2. On the other hand, learned counsel for the State submits that petitioner is named in the F.I.R., specific role is attributed to him and the offence alleged against him falls within the ambit of section 497(1), Cr.P.C.
3. I have heard learned counsel for the parties. Occurrence in this case had taken place on 28-6- 2002. Petitioner remained absconder for one year and four months. He has not only caused ineffective firing but has also given butt blow alongwith his co-accused to the complainant who is an injured and star witness of the prosecution. There are two deceased persons in this case.
Offence falls within the ambit of section 497(1), Cr.P.C. No ground for bail is made out, therefore, this petition is dismissed.