2015 PLP 1696 (SCMR)
MUHAMMAD AFZAL BUTT alias APHI — Petitioner Versus The STATE and others — Respondents
| Citation | 2015 PLP 1696 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Saqib Nisar and Ijaz Ahmed Chaudhry, JJ |
| Parties | MUHAMMAD AFZAL BUTT alias APHI — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2015 PLP 1696 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 PLP 1696 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Saqib Nisar and Ijaz Ahmed Chaudhry, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 1696 (SCMR) (MUHAMMAD AFZAL BUTT alias APHI — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahid Azeem, Advocate Supreme Court and Mrs. Tasneem Amin, Advocate-on-Record for Petitioner.
- Date of hearing: 27th July, 2015.
- Hameed Azhar Malik, Advocate-on-Record for the Complainant.
Headnotes / Summary
(On appeal against the order dated 25-3-2015 passed by the Lahore High Court, Lahore in Crl. Misc. No. 1809-B of 2015)
S. 497
Penal Code (XLV of 1860), Ss. 302, 148, 149 & 109
Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, abetment
Statutory ground of delay in conclusion of trial
Joint trial of accused and co-accused persons
Delay in conclusion of trial caused by abscondment of co-accused persons
Effect
High Court refused to grant bail to accused on statutory ground of delay in conclusion of trial on basis that such delay occurred due to the abscondment of co-accused persons, who were closely related to the accused
Accused and some of the co-accused persons were being tried jointly
Only because some of the co-accused persons had absconded causing delay in conclusion of trial, was no ground to deprive the accused from bail
Trial of the accused could have been separated, if co-accused persons had absconded and were causing delay in conclusion of their joint trial with the accused
Besides nature of relationship between the accused and co-accused persons had not been described by the High Court, while declining bail to accused
Accused was granted bail by the Supreme Court in circumstances. Asjad Javed Ghural, Additional P.G. for the State. Hameed Azhar Malik, Advocate-on-Record for the Complainant.
Judgment & Decree
IJAZ AHMED CHAUDHRY, J.
Through this petition, the petitioner seeks post-arrest bail on statutory ground in case registered vide FIR No. 667 dated 19-7-2012 under sections 302, 148, 149 and 109, P.P.C. at Police Station Model Town, Gujranwala.
2. Brief allegation against the petitioner is that he along with co-accused has committed murder of one Dr. Ahmed Ghaffar, paternal uncle of the complainant with firearms.
3. Heard.
4. Petitioner is behind the bars since his arrest i.e. 22-11-2012 and the trial has yet not been completed. The only ground which found favour with the learned High Court while dismissing petitioner's post arrest bail on statutory ground was that the delay occurred due to co-accused of the petitioner, who are closely related to the petitioner. However, the nature of relationship between the petitioner and the co-accused has not been described by the learned High Court. Just because the fact that some of the co-accused have absconded themselves and delay occurred in trial, is no ground to deprive the petitioner from post-arrest bail on statutory ground. If that was the case, the trial of the petitioner could have been separated, but the same has not been done. When the trial is continuing jointly and some of the co-accused are still absconders, the petitioner cannot be kept behind the bars for an indefinite period. In these circumstances, the petitioner has made out a case for bail on statutory ground.
5. For what has been discussed above, this petition is converted into appeal and is allowed and the impugned order is set aside. Petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.200,000 with two sureties in the like amount to the satisfaction of learned trial Court MWA/M-32/SC Bail granted.