Shahzada QAISER ARFAT alias QAISER vs State S — 2021 PLD 708 SUPREME-COURT

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Shahzada QAISER ARFAT alias QAISER VS State S. 498---Penal Code (XLV of 1860), Ss. 302, 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, grant of---Material available as to the alleged involvement of the accused in hatching alleged conspiracy of committing murder of the deceased persons, so far as the FIR was concerned, was confined to mere allegation of conspiracy/abetment without disclosing any details of such conspiracy/abetment, such as place and time of the alleged conspiracy/abetment and names of the persons who heard such conspiracy/abetment---However, later on the police recorded statements of certain persons, under S.161, Cr.P.C. wherein they had stated that while passing through the Bazar outside the house of the accused persons, they overheard the accused persons say that they would take revenge of the murder of their brother---Prosecution had not claimed that the accused was present at the spot or that he had caused any injury to any deceased or anybody else---In such circumstances there was no chance of any recovery at the instance of the accused if he was arrested---All the incriminating material against the accused was already with the prosecution---Present case was a fit case for exercise of discretion to admit the accused to pre-arrest bail to save him from unjustified arrest, consequent humiliation and the curtailment of his right to liberty---Petition for leave to appeal was converted into appeal and allowed, and accused was granted pre-arrest bail. Citation Name: 2021 PLD 708 SUPREME-COURTBookmark this Case Shahzada QAISER ARFAT alias QAISER VS State S. 498---Pre-arrest bail, grant of---Grounds---Mala fides of complainant---Scope---Mala fide being a state of mind could not always be proved through direct evidence, and it was often to be inferred from the facts and circumstances of the case. Citation Name: 2021 PLD 708 SUPREME-COURTBookmark this Case Shahzada QAISER ARFAT alias QAISER VS State S. 54---Police Order [22 of 2002], art. 4(1)(j)---Police Rules, 1934, R. 26.1---Power of police to arrest an accused---Scope---Ordinarily no person was to be arrested straightaway only because he had been nominated as an accused person in an FIR or in any other version of the incident brought to the notice of the investigating officer by any person until the investigating officer felt satisfied that sufficient justification existed for his arrest---Investigating officers should not mechanically make the arrest of a person accused of having committed a cognizable offence, rather they must exercise their discretion in making the arrest of such person judiciously by applying their mind to the particular facts and circumstances of the case and consciously considering the question: what purpose would be served and what object would be achieved by arrest of the accused person. Citation Name: 2021 PLD 708 SUPREME-COURTBookmark this Case Shahzada QAISER ARFAT alias QAISER VS State S. 498---Pre-arrest bail, grant of---Grounds---Mala fides of complainant---Scope and proof---In many cases, accused persons were granted pre-arrest bail after the court found that there were no reasonable grounds for believing their involvement in the commission of the alleged offences and the court did not require independent proof of mala fide on part of the police or the complainant before granting such relief---Despite non-availability of the incriminating material against the accused, his implication by the complainant and the insistence of the police to arrest him were the circumstances which by themselves indicated the mala fide on the part of the complainant and the police, and the accused need not lead any other evidence to prove mala fide on their part. Citation Name: 2021 PLD 708 SUPREME-COURTBookmark this Case Shahzada QAISER ARFAT alias QAISER VS State Ss. 109 & 120-B---abetment and conspiracy---Proof---Court must base its conclusion as to involvement of an absentee accused as abettor or conspirator on some solid material collected during the course of investigation, and not on surmises or conjectures, either tentatively at bail stage or finally at judgment stage---Conspiracy to commit a crime by its very nature was usually secret, and could not be proved by direct evidence in most cases, however, it did not mean that the prosecution was absolved from its duty to prove the allegation of conspiracy, or that mere allegation of conspiracy was sufficient for holding the accused liable---In case of non-availability of direct evidence, the police must collect during investigation, and the prosecution must lead during trial, such circumstantial evidence from which a court could draw a legitimate inference of the existence of conspiracy and involvement of the accused in that conspiracy. Citation Name: 2021 PLD 708 SUPREME-COURTBookmark this Case Shahzada QAISER ARFAT alias QAISER VS State S. 498---Constitution of Pakistan, Arts. 9, 10-A & 14(1)---Pre-arrest bail---Constitutional grounds for pre-arrest bail stated.

Shahzada QAISER ARFAT alias QAISER vs State S — 2021 PLD 708 SUPREME-COURT

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