GHAZI ARAB vs State S — 2025 SCMR 1967 SUPREME-COURT

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GHAZI ARAB VS State S. 497---Penal Code (XLV of 1860),Ss. 302(b) & 34---Qatl-i-amd, common intention---Bail, refusal of---Allegations against the petitioner-accused were that he committed murder of the father of the complainant---Perusal of the available record revealed that incident occurred during the night between 29th and 30th May, 2023 at an unknown time and was reported to the police on 30.05.2024 at 11.00 pm by complainant---Although there was a delay in the lodging of the FIR, the same stood duly explained through the contents of the FIR itself---Delay in registration of the FIR had been attributed to the shifting of the dead body for the post-mortem examination and the FIR was lodged after the burial had taken place---Mere delay, in such circumstances, did not cast any doubt on the occurrence of the incident, nor could it be treated as a ground for grant of bail when sufficient material existed on record which prima facie connected the petitioner/accused with the commission of the offence---With regard to the plea that co-accused was granted bail, therefore the petitioner was entitled to the concession of bail on the ground of consistency, rule of consistency was applicable only when one person's case was at par with the accused whose post-arrest bail had been granted---In the instant case, the role attributed to co-accused was clearly distinguishable from that assigned to the present petitioner---Furthermore, the nature and extent of the incriminating material collected against the petitioner was materially different from that gathered against co-accused---As such, the case of the petitioner was not at par with that of the co-accused---In the instant case, the petitioner had been specifically nominated in the FIR and was also implicated in the inculpatory confessional statement of the co-accused with specific attribution of role---Furthermore, the recovery of the crime weapon and the blood-stained cloth allegedly used to strangle the deceased recovered on the pointation of the petitioner constituted independent incriminating material which, prima facie, corroborated the confessional statement and connected the petitioner with the commission of the alleged offence---Moreover, the offence alleged against the petitioner was one under Section 302, P.P.C., which was punishable with death or imprisonment for life, and thus fell within the prohibitory clause of Section 497(1), Cr.P.C.---Upon tentative assessment of the available material, the petitioner's case did not appear to qualify as one of further inquiry so as to bring it within the purview of Section 497(2), Cr.P.C.---Petitioner had failed to make out a case for the grant of bail---Petition was dismissed and leave was refused, in circumstances.

GHAZI ARAB vs State S — 2025 SCMR 1967 SUPREME-COURT

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