Find a Lawyer

Criminal Petition for Special Leave to Appeal No. 26-P of 1981, decided on 20th June, 1981.

(On appeal from the judgment of Peshawar High Court dated 3-6-1981 in Criminal Miscellaneous No. 369 of 1981).

---S. 497/498-Bail-Contention that accused respondents' previous requests for grant of bail on same grounds having been rejected on merits and plea of alibi raised by accused having been rightly rejected by High Court on ground of accused petitioner having been directly charged in F I. R. for having caused murder of deceased, accused respondent's release on bail by High Court could not be justified Counsel for State stating International Passport and P. I. A. ticket produced by accused petitioner seeming to be genuine but suspicion cast on his immigration card bearing a discrepancy in name-Counsel for accused explaining such discrepancy having been caused due to card having been filled in on behalf of illiterate accused by some one else who committed an error by combining part of accused name with part of name of accused's father-No exception, in circum stances, held, can be taken to High Court's view that reasons existed for further inquiry into matter and accused deserved to be released on bail.

M. Zahurul Haq, Bar-at-Law. Advocate Supreme Court and J. D. Akbarji, Advocate-on-Record for Petitioner.

Pir Masoom Shah, Advocate Supreme Court, M. Qasim Imam, Advocate -on-Record and S. Ibne Ali, Assistant Advocate-General (N: W. F. P.) for Respondents.

Date of hearing : 20th June, 1981.

-This is a petition for special leave to appeal from the judgment of learned Acting Chief Justice of Peshawar High Court dated 3rd June, 1981 directing release of the respondent Gul Moeen on bail pending his trial under sections 302 and 307/34, P. P. C.

The incident occurred on 6th September, 1980 at about 8-00 a. m. when the First Informant, Ali Sardar, the petitioner herein, along with Sawab Gul (deceased), Haji Amin Akbar and Qeemat Khan were said to be passing through Mochi Bazar, Hangu. It is alleged that Gul Moeen, his brother Zar Moeen and his cousin Qabal Khan came armed with fire-arms and shot at the Sawab Gul with the result that he died instantaneously on the spot. The assailants soon escaped from the spot and the report of the crime was lodged by the petitioner with Siraj Muhammad S. H. O. who was near about the scene of occurrence and reached there on receiving the news of the crime.

The petitioner pleaded alibi in that he was in Abu Dhabi on the day of occurrence, and in this behalf produced a certificate issued by the Government of United Arab Emirates showing his departure from Abu Dhabi on 14th September, 1980 and also P. I. A. ticket of his travel from Abu Dhabi to Karachi on the said day and also his International Passport. His request for bail before arrest was accepted by the Additional Sessions Judge, Kohat, as an interim measure, on 14th October, 1980 but it was refused on 15th November, 1980. After arrest, he applied for bail to the Sub-Divisional Magistrate, Hangu and his request was granted on 22nd November, 1980 but the Sessions Judge, Kohat cancelled the bail granted to him by the order dated 7th January, 1981. Petition was then upheld by the Peshawar High Court on 8th February, 1981. Petitioner then moved a fresh application for bail before the Sub-Divisional Magistrate, Hangu, but it was rejected and his approach to the Sessions Court for bail proved to be unsuccessful. He then moved the High Court again for grant of bail and this time he was successful and it is in these circumstances that the petitioner who is the First Informant in the case now seeks special leave to appeal.

Mr. M. Zahurul Haq, learned counsel appearing in support of the petition submits that the respondent was not entitled to be released on bail as his previous request made on the same grounds had been repeated rejected on merits. Learned counsel further submits that the plea of alibi raised by the petitioner had been rightly rejected by the High Court by the previous order on the ground that the petitioner had been directly charge in the F. I. R. in the crime for having caused the murder of the decease and therefore the plea of alibi was to be considered at the trial.

Learned counsel however conceded that during the investigations the prosecution had moved an application under section 169 of the Code for the reason that the documents produced by the petitioner supported his plea of alibi. In this behalf Mr. S. Ibne Ali learned Assistant Advocate General states that during the investigation it has transpired that the International Passport and the P. I. A. ticket produced by Gul Moeen accused seem to be genuine but suspicion has been cast on his Immigration Card in which there is discrepancy in his name. Pir Masoom Shah learned counsel for the accused Gul Moeen explained this discrepancy by stating that being an illiterate person some one else had filled in the Immigration Card on behalf of the accused and he committed an error by combining a part of the name of the accused with a part of the name of his father.

After hearing the learned counsel for the parties we feel that light of the facts appearing on the record before us and also those stated at the Bar, no exception can be taken with the view that prevailed with the learned Acting Chief Justice of the High Court that the accused is entitled to bail as there is reason for further enquiry into his guilt.

On this view of the case, interference by this Court would not be justified and we, therefore, dismiss this petition in limine.

Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.