GHULAM RASOOL vs THE STATE
This bail application arose from Crime No. 24 of 1995, registered at Police Station Abdul Rehman Unar, involving charges of murder and arson. The complainant alleged that a group of armed individuals, identified as dacoits, attacked his house and set it on fire following threats. The applicant, Ghulam Rasool, was implicated in the First Information Report not as a direct perpetrator of the firing or arson, but as an alleged supervisor and abettor of the dacoits, acting on whose instructions the incident purportedly occurred. The core legal question was whether the applicant should remain in custody based solely on the allegation of abetment without further proof at the pre-trial stage. The Court held that the accusation of abetment, standing alone without specific evidence at this stage, did not justify the continued incarceration of the applicant. Consequently, the Court granted bail to the applicant, emphasizing that an accused should not be kept behind bars based on mere allegations until such time as specific evidence is produced to substantiate the charges.
- Should an accused be denied bail solely on the basis of an allegation of abetment in the First Information Report?
- Is continued incarceration justified for an accused charged only with supervision of alleged perpetrators without specific evidence at the pre-trial stage?
ORDER
1. ' This bail application has been filed in connection with Crime No, 24 of 1995 registered at Police Station, Abdul Rehman Unar. The incident seems to have occurred on 1-7-1995 and the F.I.R. Was registered on .2-7-1995. Apparently according to the complainant there was some difference of opinion between him and his family and the Narejos. According to him threats were being received from dacoits Guloo Government Narejo, Rasoolo Narejo and Sadhoo Narejo. These threats were being issued as it was stated that the complainant was becoming a Mukhbar. On the day of incident complainant alongwith his sons were chitchatting in their house when they saw 19 persons whom they identified and five unknown persons. All of them were armed with rifles and guns and thereafter Guloo Government Narejo gave Hakal with the result that accused Rasoolo Narejo fired with the intention to kill. Others also joined and the house of the complainant was also set on fire whereafter all the persons went away.
2. 'The F.I.R. That has been registered by the complainant shows at the end that the dacoits took the necessary action on the instructions of Ali Hassan son of Misri Narejo, Ghulam Rasool son of Aachar Narejo and Malho son of Kabil Narejo and Constable Imdad Buriro son of unknown. Besides charging the other persons who have been mentioned specifically in the F.I.R. With murder, the complainant has also charged the above named four persons on the ground of abetment and claimed that they are supervisors of the dacoits.
3. ' This is the only accusation made against the present applicant. Till as such time that specific allegation is proved against the present applicant it would not be proper for him to be behind bars on a mere allegation. Accordingly bail is granted in the sum of Rs,100,000 and P.R. Bond in the like amount to the satisfaction of Additional Registrar of the Court.