TASSADUQ HUSSAIN JILLANI, J.---Submits that it was an un-witnessed occurrence; that the circumstantial evidence led to prove the case was not sufficient to bring home the guilt of the petitioner beyond reasonable doubt; that the learned Courts have fallen in error in not appreciating that the conviction under two sections i,e, under sections 302 and 201, P.P.C. Could not be resorted to at a time; that no independent evidence was led to prove fear and public alarm to bring the case within the mischief of section 6 of the Anti Terrorism Act, 1997. Reliance was placed on Fazal Dad v. Ghulam Muhammad Malik (PLD 2007 SC 571).
2. Having heard petitioners' learned counsel at some length, leave is granted to consider the afore- referred points and any other point which may arise.
Leave granted.
2011 SCMR. 170 [Supreme Court of Pakistan] Present: Anwar Zaheer Jamali and Ghulam Rabbani, JJ Malik AQEEL---Petitioner versus THE STATE---Respondent Criminal P.L. A. No 9-K of 2010, decided on 22nd March, 2010.
(On appeal from order of High Court of Sindh, Karachi dated 20-1-2010 passed in Criminal Miscellaneous Application No, 315 of 2009).
Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 302/34---Constitution of Pakistan---Qatl-e-amd---Pre- arrest bail, refusal of---Prosecution, prima facie, was equipped with ample evidence to connect the accused with the commission of the offence---Deeper appreciation of evidence at bail stage was not warranted by law---No male fide had been attributed either to the complainant or the Investigating Officer for false implication of accused in the crime---Pre-arrest bail was declined to accused in circumstances. [p. 1711 A M.A. Kazi, Senior Advocate Supreme Court for Petitioner. Nemo for the State.
Anwar Hussain, Advocate Supreme Court for the Complainant.
' ANWAR ZAHEER JAMALI, J.---By this petition under Article 185(3) of the Constitution of Islamic Republic of ,Pakistan, 1973, petitioner is seeking pre-arrest bail in Crime No, 395 of 2009, Police Station, KIA, Korangi Town, Karachi, which relates to the commission of offence, punishable under sections 302/34, P.P. C .
2. Perusal of material placed on record reveals that initially the petitioner was admitted to pre- arrest bail by the trial Court, vide its order dated 11-6-2009, with the observation that prosecution will be at liberty to move application for cancellation of bail upon receiving chemical report, and cause of death, if positive. However, on an application under section 497(5), Cr.P.C., moved by the complainant before the High Court of Sindh on 12-9-2009, being Criminal Miscellaneous Application No,315 of 2009, vide order dated 20-1-2010, his pre-arrest bail was cancelled by learned Single Judge in Chambers.
3. We have heard Mr. M. A. Kazi, learned Senior Advocate Supreme Court for the petitioner, who has taken us to some relevant dates of the occurrence, recovery of dead body, taking of samples of two swa bs and sending them to the Chemical Examiner and arrest of the petitioner etc. Shown at pages 17 and 18 of the Court file, to convince us that some manipulation was done by the Investigating Officer for obtaining DNA report in the positive.
4. Keeping in view such submission of the learned counsel, we have carefully perused the whole material placed on record and seen that, prima facie, ample evidence is available with the prosecution to connect the present petitioner with the commission of such offence. Needless to observe that deeper appreciation of evidence at bail stage is not warranted by law; moreso, in a case where no mala fide has been attributed either to the complainant or the Investigating Officer for false implication of the petitioner in the crime.
5. This being the position, no case for grant of pre-arrest bail is made out.
6. Dismissed. .