Asghar Ali vs State S — 2026 MLD 309 KARACHI-HIGH-COURT-SINDH

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Asghar Ali VS State S. 498---Penal Code (XLV of 1860), Ss. 302(b), 324, 506(ii), 337-H(ii), 504, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, criminal intimidation, rash or negligent act to endanger human life or personal safety of others, intentional insult with intent to provoke breach of the peace, rioting, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, dismissal of---Allegation against the accused-applicant was that he along with his co-accused made firing upon the complainant party, due to which brother of complainant died and an other sustained injuries---Applicant was explicitly nominated in the FIR, with a specific role attributed to him causing a firearm injury to the deceased brother of complainant, by firing from a pistol---Injury allegedly inflicted by the applicant struck the deceased on the head---Medical evidence corroborated the version provided in the FIR---Furthermore, the applicant remained at large for more than three years following the occurrence and only surrendered in September, 2024 by filing a pre-arrest bail application before the Trial Court---In the present case, the applicant was specifically attributed with the role of firing at the deceased, resulting in his death---Prima facie, case was under S.302, P.P.C, the punishment whereof fell within prohibitory clause of subsection (1) of S.497 Cr.P.C---Applicant raised plea of alibi, asserting that he was not present at the place of the incident due to a fracture and he remained under treatment at hospital from 15.02.2021 to 15.08.2021 and had falsely been implicated in the case---However, the plea of alibi could only be properly assessed by the Trial Court after the recording of evidence---Alleged contention with regard to the conflict between the ocular account and medical evidence was not to be considered at the bail stage---Although, there was a 20-hours delay in lodging the FIR, no element of mala fide was apparent on the face of the record---Bail petition was dismissed and pre-arrest bail granted earlier was recalled, in circumstances. Citation Name: 2026 MLD 309 KARACHI-HIGH-COURT-SINDHBookmark this Case Asghar Ali VS State S. 498---Pre-arrest bail---Principles and grounds for grant of pre-arrest bail stated---Grant of bail before arrest was an extraordinary relief to be granted only in extraordinary situations to protect innocent persons against victimization through abuse of law for ulterior motives---Pre-arrest bail was not to be used as a substitute or as an alternative for post-arrest bail---Bail before arrest could not be granted unless the person seeking it satisfied the conditions specified through subsection (2) of S.497, Cr.P.C, i.e. unless he established the existence of reasonable grounds leading to a belief that he was not guilty of the offence alleged against him and that there were, in fact, sufficient grounds warranting further inquiry into his guilt; not just that but in addition thereto, he must also show that his arrest was being sought for ulterior motive, particularly on the part of the police, to cause irreparable humiliation to him and to disgrace and dishonour him; such a petitioner should further establish that he had not done or suffered any act which would disentitle him to a discretionary relief in equity e.g. he had no past criminal record or that he had not been a fugitive from law; and finally that;in the absence of areasonable and a justifiable cause, a person desiring his admission to bail before arrest must in the first instance approach the Court of first instance i.e. the Court of Sessions, before petitioning the High Court for the purpose.

Asghar Ali vs State S — 2026 MLD 309 KARACHI-HIGH-COURT-SINDH

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