Legal Case Summary

Case Details
Case ID 269fb0ed-9bf7-456a-89f4-374eeb3287f6
Body View case body.
Case Number No. 557 of 2015
Decision Date Dec 05, 2015
Hearing Date Dec 02, 2015
Decision After a thorough examination of the facts presented in the FIR and considering the arguments from both the petitioner and the respondent, the court observes that the complainant filed the FIR three days post the incident without mentioning the presence of Muhammad Imran, the servant of the deceased, at the time of the alleged murder. The prosecution failed to present any substantial evidence linking the accused to the crime, and repeated investigations exonerated the accused by placing their names in column No. 2 of the Challan. The absence of credible witnesses and direct evidence further undermines the prosecution's case. In light of Section 497(2) of the Criminal Procedure Code, which allows for further inquiry in such circumstances, the court deems it necessary to admit the applicants to post arrest bail. This decision ensures that justice is served by preventing undue detention without substantial evidence.
Summary In the case titled Shazania Tariq vs. The State, adjudicated by the Sindh High Court, Criminal Bail Application No. 557 of 2015 was heard on December 2, 2015, with the decision rendered on December 5, 2015. The petitioner, MST. Shazia, represented by Qurban Ali Malano, sought bail against the respondent, The State, whose counsel included A.R. Kolachi and A.P.G. The legal framework for this case involved the Criminal Procedure Code (V of 1898) under Section 497 and the Pakistan Penal Code, 1860, specifically Sections 147, 149, and 302, which pertain to Qatl-i-amd, rioting, and unlawful assembly. The crux of the case revolves around the alleged murder of Mian Aijaz Rabbani, purportedly committed by his wife, Mst. Aijaz Akhter, in collusion with co-accused Aijaz Rajput, Safdar Hussain, and MST. Shazia. The motive cited includes disagreements over the deceased's second marriage to Shabana Mangi and the sale of their jointly owned house. The FIR was lodged three days post-incident, notably omitting the presence of Muhammad Imran, the deceased's servant, during the alleged murder. The prosecution failed to present concrete evidence linking the accused to the crime, and subsequent investigations resulted in the exoneration of the accused by placing their names in the second column of the Challan. Key legal arguments highlighted the lack of direct evidence, absence of eyewitness testimonies, and the delayed FIR filing, which compromised the integrity of the investigation. The defense emphasized the innocence of the accused, pointing out that property transactions were registered solely in the name of co-accused Mst. Aijaz Akhtar, negating any motive to prevent the sale of the house. Cited precedents, including Malik Waheed v. The State and Muhammad Hanif v. The State, reinforced the argument for granting bail in the absence of sufficient evidence. The court, after meticulous review, observed the deficiencies in the prosecution's case, including the unverified presence of the accused at the crime scene and the reliance on hearsay evidence. Under Section 497(2) of the Criminal Procedure Code, the necessity for further inquiry was established due to the inconclusive evidence presented. Consequently, the court granted post-arrest bail to the applicants, contingent upon the furnishing of a solvent surety of Rs.100,000 and a P.R. Bond in the same amount, ensuring that the trial proceedings can continue without undue delay or prejudice to the accused. This case underscores the importance of timely and comprehensive evidence collection in criminal proceedings and reiterates the judiciary's role in safeguarding the rights of the accused against baseless allegations. The decision aligns with prevailing legal standards that prioritize the presumption of innocence and the requirement of substantial evidence for conviction, thereby reinforcing the foundational principles of justice and due process in the Pakistani legal system.
Court Sindh High Court
Entities Involved THE STATE, Muhammad Imran, SHAHNAWAZ TARIQ, MST. SHAZIA, Safdar Hussain, Qurban Ali Malano, A.R. Kolachi, A.P.G., Mian Aijaz Rabbani, Mst. Aijaz Akhter, Aijaz Rajput
Judges SHAHNAWAZ TARIQ
Lawyers Qurban Ali Malano, A.R. Kolachi, A.P.G.
Petitioners MST. SHAZIA AND ANOTHER
Respondents THE STATE
Citations 2018 SLD 3097 = 2018 YLR 88
Other Citations Malik Waheed alias Abdul Hameed v. The State and another 2011 SCMR 1945, Muhammad Hanif v. The State 2010 PCr.LJ 390, Punhoon Jaffery v. The State 2011 YLR 2803
Laws Involved Criminal Procedure Code (V of 1898), Pakistan Penal Code, 1860
Sections 497, 147, 149, 302