| Citation(s) |
|---|
| 2025 SLG 3401 2025 SLD 3401 = 2025 SHC 219 |
Cr. Bail Application No. S-104 of 2025
Ali Haider ‘Ada’,J
Through Mr. Abdul Raheem Ansari, advocate.
Applicant: Hubdar Ali Jatoi.
VS
The State
Law: Pakistan Penal Code, 1860
Section: 324, 148, 149
Law: Code of Criminal Procedure, 1898
Section: 497(2)
Summary
The applicant, Hubdar Ali Jatoi, sought pre-arrest bail in a case registered under sections 324, 148, and 149 PPC following an alleged attack involving firearms that resulted in injuries. His earlier bail application was dismissed by the same Court, a fact he concealed in the current bail petition. The Court noted that the applicant was involved with a specific role in the offence and was abusing the bail process by withholding material facts. Citing relevant precedents and principles, the Court dismissed the bail application, recalling an interim order and directing the applicant’s custody. The Court emphasized that bail is an extraordinary relief not to be granted lightly, especially when there is sufficient prima facie material and when the applicant attempts to mislead the Court.
Core Points
- Applicant sought pre-arrest bail in Crime No. 16/2023 for offences u/s 324, 148, 149 PPC.
- Earlier bail application dismissed by this Court on 23-04-2024; applicant did not disclose this fact.
- FIR alleges attack by applicant and others involving Kalashnikov fire; injury to complainant’s cousin.
- Applicant claims false implication and alibi; claimed duty at police post during incident.
- Court found sufficient material against applicant linking him to offence under prohibitory clause.
- Concealment of dismissal of earlier bail amounted to misconduct and abuse of process.
- Bail is an extraordinary relief, granted only on meeting strict conditions under CrPC.
- Plea of alibi cannot be decided at bail stage; to be considered during trial.
- Previous cases cited stressed that no person shall benefit from their own concealment or wrongdoing.
- Interim bail order previously granted was recalled; applicant directed to custody.
- Court’s observations are tentative and will not prejudice trial on merits.
Law and Section (Table)
| Law/Case Reference | Section(s)/Principle | Summary of Legal Point |
|---|---|---|
| Pakistan Penal Code (PPC) | 324, 148, 149 | Section 324: Hurt by sharp weapon/firearm; 148: Rioting; 149: Every member of unlawful assembly liable for offence committed in prosecution of common object. |
| Code of Criminal Procedure (CrPC) | Section 497(2) | Conditions for granting pre-arrest bail including showing reasonable grounds of innocence and ulterior motives of arrest. |
| Case: Raja Nadeem Rafique v The State (2014) | Pre-arrest bail conditions | Bail shall not be granted if evidence prima facie connects accused with offence; alibi is considered at trial, not bail. |
| Case: Waqar-ul-Haq v The State (1985 SCMR 974) | Bail considerations | Alibi and defense points are not usually grounds for bail; focus on prima facie evidence at bail stage. |
| PLD 2009 Supreme Court 427 (Rana Muhammad Arshad v. Muhammad Rafique) | Guidelines for pre-arrest bail | Bail is extraordinary relief; must satisfy stringent criteria, avoid misuse of bail; applicant must approach trial Court first. |
| Case: Mukhtiar Ali v The State (2023 MLD 684) | Bail and evidence | Tentative appreciation of evidence permissible at bail stage to see prima facie connection but no deep probe allowed. |
| Legal maxim | - | "Nullus Commodum Capere Potest De Injuria Sua Propria" - No one can benefit from his own wrong. |
O R D E R