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Criminal Bail Before Arrest Application No. 57 for Miscellaneous Application No.134 of 1987, decided on 15th February, 1987.
‑‑‑S. 498‑‑Penal Code (XLV of 1860), S. 302/149‑‑Pre‑arrest bail, grant of‑‑Accused applying for bail before Sessions Court after about one year of incident‑‑Accused not arrested so far‑‑Witnesses clearly mentioning his name in their statements‑‑Accused, held, was fugitive from law, not entitled to concession of pre‑arrest bail‑‑Bail refused in circumstances.
1981 S C M R 959 and 1985 S C M R 1166 ref.
Sardar Muhammad Ishaque for Petitioner.
Abdul Ghafoor Mangi, A.A.‑G. for the State.
One Khalid Bin Huda lodged a report on 28‑1‑1986 alleging therein that he was standing near Post Office when he saw some persons riding on two vehicles. He has given the names of 4 persons. He further states that some other persons were also present in the vehicles. It is alleged that these persons started firing and one person Syed Muhammad Ali was injured. The injured was removed to the hospital and he died on account of injuries. Thereafter, the statement of the complainant under section 161, Cr.P.C. was recorded on 24‑2‑1986. In this statement he has stated that he was far away from the Administration Block, he could not recognise or identify the other persons who passed through him quickly and speedily. The statements of two witnesses Najib Ahmed and Abdul Muzzamil were recorded on 14‑4‑1986 and these witnesses have stated that the present applicant was also present in the car. The learned counsel for the applicant has referred to the F.I. R. dated 26‑1‑1986 lodged by Muhammad Nawaz wherein he has stated that Najib Ahmad had fired at him with pistol and in this case the present applicant was cited as a witness: The learned counsel has stated that the name of the present applicant has been mentioned in this case due to the fact that P.W. Najib Ahmed is an accused in the case lodged by Muhammad Nawaz.
The learned A.A.‑G. has opposed the bail application and he has referred to the statements of two witnesses namely Abdul Muzammil and Najib Ahmed who were present at the time of the incident and they have reported the matter to the Registrar in writing wherein they have given the name of the present applicant as one of the persons who made fire. The statements of these two witnesses clearly show that the applicant's name has been mentioned on the same day by the two witnesses though they have been examined by the police after long delay. The F.I.R. was recorded on the basis of such statement given by Khalid Bin Huda. The date of incident is 28‑1‑1986 but the applicant has not been arrested so far. He had moved the Court of Sessions in December, 1986, therefore, he was fugitive from law since the date of incident. The learned counsel has urged that the applicant has not been declared as proclaimed offender and he cannot be fugitive from law. He has referred to 1981 S C M R 959 but this case is not applicable to the facts of the present case as it was the case where the conviction was recorded and in appeal the conviction was set aside and the Supreme Court concurred with the finding of the High Court. In 1985 S C M R 1166 it has been observed that a fugitive from law cannot be admitted to bail. The applicant has not been arrested so far. The witnesses have clearly mentioned his name. He is not entitled to pre‑arrest bail. The application is dismissed.
S.A/2‑3/K Bail refused.
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