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    Order SYED ZAWWAR HUSSAIN JAFFERY, J. - The Petitioner Seeks Leave To Appeal Against The

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    - The petitioner sought leave to appeal against the High Court order denying him bail. He was accused along with others in a murder case based on a family dispute but was not present at the crime scene according to the FIR. - The Court granted bail to the petitioner, setting aside the High Court order. It noted that the petitioner's co-accused had been granted bail and his absconding alone could not prevent bail if he otherwise had a good case for it. The Court directed the petitioner be granted bail upon furnishing surety bonds.

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    Order SYED ZAWWAR HUSSAIN JAFFERY, J. - The Petitioner Seeks Leave To Appeal Against The

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    Judicial Aspirant
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    - The petitioner sought leave to appeal against the High Court order denying him bail. He was accused along with others in a murder case based on a family dispute but was not present at the crime scene according to the FIR. - The Court granted bail to the petitioner, setting aside the High Court order. It noted that the petitioner's co-accused had been granted bail and his absconding alone could not prevent bail if he otherwise had a good case for it. The Court directed the petitioner be granted bail upon furnishing surety bonds.

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    2009 S C M R 299

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    - The petitioner sought leave to appeal against the High Court order denying him bail. He was accused along with others in a murder case based on a family dispute but was not present at the crime scene according to the FIR. - The Court granted bail to the petitioner, setting aside the High Court order. It noted that the petitioner's co-accused had been granted bail and his absconding alone could not prevent bail if he otherwise had a good case for it. The Court directed the petitioner be granted bail upon furnishing surety bonds.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    157 views1 page

    Order SYED ZAWWAR HUSSAIN JAFFERY, J. - The Petitioner Seeks Leave To Appeal Against The

    Uploaded by

    Judicial Aspirant
    - The petitioner sought leave to appeal against the High Court order denying him bail. He was accused along with others in a murder case based on a family dispute but was not present at the crime scene according to the FIR. - The Court granted bail to the petitioner, setting aside the High Court order. It noted that the petitioner's co-accused had been granted bail and his absconding alone could not prevent bail if he otherwise had a good case for it. The Court directed the petitioner be granted bail upon furnishing surety bonds.

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    of 1

    2009 S C M R 299

    [Supreme Court of Pakistan]

    Present: Mian Hamid Farooq, Syed Zawwar Hussain Jaffery and Sarmad Jalal Osmany, JJ

    MITHO PITAFI----Petitioner

    Versus

    THE STATE----Respondent

    Criminal Petition No.69-K of, 2008, decided on 29th October, 2008.

    (Against the order, dated 11-8-2008 passed by High Court of Sindh, Sukkur Bench in Criminal Bail
    Application No.376 of 2007).

    Criminal Procedure Code (V of 1898)---

    ----S. 497---Penal Code (XLV of 1860), Ss.302/324---Constitution of Pakistan (1973), Art.185(3)---


    Bail, grant of---Co-accused was released on bail by the Trial Court, but the concession of bail was
    declined to the accused petitioner on the ground that he was fugitive from law---High Court as well
    as the Trial Court had rejected the bail of petitioner on account of his absconsion and not on merits---
    Validity---Bail could be granted, if accused had good case for bail on merits and mere his absconsion
    would not come in the way while granting him bail---High Court had not appreciated the facts and
    circumstances of the case in its true perspective while declining bail to the petitioner---Petition was
    converted into appeal and same was allowed---Impugned order passed by the High Court was set
    aside and the petitioner was directed to be released on bail, in circumstances.

    Ghulam Qadir Jatoi, Advocate Supreme Court for Petitioner.

    Shahadat Awan, P.-G. Sindh for the State.

    ORDER

    SYED ZAWWAR HUSSAIN JAFFERY, J.---The petitioner seeks leave to appeal against the
    order, dated 11-8-2008, passed by High Court of Sindh, Sukkur Bench, whereby the concession of
    bail was declined to the petitioner.

    2. Brief facts of the case, leading to filing of this petition, are that the complainant namely
    Muhammad Murad Pitafi lodged F.I.R. No.187 of 2000 at Police Station Mirpur Mathelo, District
    Ghotki, alleging therein that on the day of incident i.e. 15-11-2000 at about 12-30 there had been a
    matrimonial dispute between his brother, brother-in-law and his family with Chacher Pitafi and
    other relatives, who had threatened them of teaching a lesson. On that day, his brother Mir Hassan
    Pitafi, nephew Noor Muhammad Pitafi, niece Mst. Shehnaz and brother-in-law Pehlwan Pitafi were
    harvesting paddy in the land of Gulo Channar while the complainant was also harvesting at some
    distance, Chacher, Ghouso alias Ghous Bux, Mero Pitafi, armed with kalashnikovs, came there,
    abused and fired upon Mir Hassan, Noor Muhammad, Mst. Mehnaz and Pehlawan with intention to
    commit murder. On hue and cry, complainant and other villagers were attracted who also witnessed
    the occurrence. After that all the accused ran away. The complainant and other witnesses saw that
    Mir Hassan, Noor Muhammad and Mst. Mehnaz had died due to fire-arm injuries. Pehlawan also
    sustained injuries. Thereafter, the complainant with the help of other witnesses, carried the dead
    bodies and the injured to hospital. Thereafter, he lodged a report in the concerned police station.

    3. During the course of investigation, the case was challaned which is pending adjudication before
    the IInd Additional Sessions Judge, Ghotki. After having rejected bail by the IInd Additional
    Sessions Judge, the petitioner approached the learned High Court for bail but remained
    unsuccessful. Hence this petition for leave to appeal.

    4. Learned counsel for the petitioner contends that the petitioner is innocent and has falsely been
    implicated in the case by the complainant due to matrimonial dispute. As per F. I . R . , the petitioner
    was not shown present at the time of occurrence and only accused Chacher, Gous Bux and Mero
    Pitafi were nominated as main accused. As per order, dated 18-2-2002, in the similar circumstances,
    bail has been granted by the trial Court to accused Jam Pitafi while the bail of petitioner has been
    declined. Therefore, the petitioner also deserves for concession of bail.

    5. On the other hand, learned Prosecutor-General, appearing on behalf of State, has admitted the
    factual position and submits that he has no objection if the petitioner may be released on bail.

    6. We have heard learned counsel for the petitioner as also the prosecutor-General, appearing on
    behalf of the State, and have perused the material available on record with their able assistance.

    7. According to F.I.R., neither any role has been attributed to the petitioner nor his presence has
    been shown at' the time of occurrence. Vide order, dated 18-2-2002, co-accused namely Jam Patafi
    has been released on bail by the learned trial Court but the concession of bail was declined to the
    petitioner on the ground that he was fugitive from law. Learned High Court of Sindh as well as
    learned trial Court has rejected the bail of petitioner on account of absconsion and not on merit. It is
    well-settled principle of law that bail can be granted if an accused has good case for bail on merit
    and mere absconsion would not come in way while granting the bail. We are, prima facie, of the
    view that the learned High Court has not appreciated the facts and circumstances of the case in its
    true perspective while declining bail to the petitioner.

    8. For the foregoing reasons, this petition is converted into appeal and the same is allowed. The
    impugned order, passed by the High Court of Sindh, is set aside and the petitioner is directed to be
    released on bail subject to furnishing bail bond in the sum of Rs.2,00,000 (two lacs) and P.R. bond
    in the like amount to the satisfaction of trial Court.

    H.B.T./M-94/SC Bail granted.

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