MUHAMMAD ANAR vs THE STATE
This matter concerns two post-arrest bail applications filed by Muhammad Anar and Iftikhar Ahmad, who were charged under sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860 in connection with F.I.R. No. 161 of 2002. The core legal question was whether the petitioners were entitled to post-arrest bail despite the commencement of the trial, given the specific allegations and evidence against them. The Court held that both petitioners should be admitted to bail. The reasoning was that while the petitioners were alleged to be armed, no weapon was recovered from Iftikhar Ahmad, and although a gun was recovered from Muhammad Anar, he was not attributed with causing any injury to the deceased or the prosecution witnesses. Furthermore, the Court noted that neither petitioner had a motive or an active role attributed to them. The key principle laid down is that the mere commencement of a trial does not constitute sufficient grounds to refuse bail if the accused has otherwise made out a case for relief based on the lack of active role or incriminating evidence.
- Does the mere commencement of a trial automatically preclude the grant of post-arrest bail?
- Is bail appropriate for an accused charged with murder who is not attributed with an active role in causing injury?
- Does the absence of weapon recovery from an accused justify the grant of bail in a case involving multiple co-accused?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' This order will dispose of Criminal Miscellaneous No.334-B of2003 (Muhammad Anar v. State) and No.374-B/2003 (Iftikhar Ahmad v. State) as both are outcome of the same F.I.R.
2. Muhammad Anar and Iftikhar Ahmad sons of Nadir Khan have approached this Court for grant of after arrest bail in case F.I.R. No.161 of 2002, dated 16-6-2002, under sections 302/324/148/149, P.P.C. Registered with Police Station Phalia, District Mandi Bahauddin Din.
3. The allegation against the petitioners is that they while armed with guns and the co-accused Nazir armed with rifle 7MM and the other co-accused armed with their respective weapons waylaid and launched attack at the complainant party and Nazir, co-accused fired from his rifle 7MM at Afzal who succumbed to the injury.
4. The petitioners were arrested and during the investigation a gun was recovered from Muhammad Anar, petitioner while nothing was recovered from the possession of Iftikhar Ahmad, petitioner.
5. Learned counsel for the petitioner and for the State have been heard exhaustively and record has been perused.
6. The petitioners were although stated to be armed with fire-arms but from Iftikhar Ahmad, petitioner weapon of offence has not been recovered while gun was recovered from Muhammad Anar but he has not caused any injury to the deceased or any P. Ws. Although the trial has commenced but as per the allegations both the petitioners neither have any motive nor they have been attributed any active role, therefore, mere commencement of the trial is no ground to refuse the bail if otherwise the case is made out, so both the petitioners are admitted to bail subject to their further Ashing bail bonds in the sum of Rs.50,000 each with two sureties cach n the like amount to the satisfaction of the Trial Court.