ALIBI - PLEA OF 1: Bails 2: Appreciation of Evidence 1: Bails NLR 1989 CrLJ 240. Muhammad Awais V/S The State (Karachi). S.302/34 PPC. Three affidavits supporting accused’s plea of alibi. Held, in circumstances, it was case of further enquiry. BAIL GRANTED 1995 MLD 1116 Muhammad Iqbal V/S The State (Lahore). S.302/34 PPC. No direct evidence tending to connect the accused with the commission of offence was available. In view of plea of alibi taken by the accused, material collected by the prosecution and all other attending circumstances of the case reasonable grounds did not exist to believe that the accused was guilty of any offence punishable with death or imprisonment for life or imprisonment for 10 yrs. BAIL GRANTED 1995 PCrLJ 671. Sultan & another V/S The State (Lahore). S.302/109/148/149 PPC. Murder was alleged to have been committed at the instance of the accused who were not present at the time of occurrence. Accused had been found innocent in investigation. BBA CONFIRMED 1995 PCrLJ 890. Muhammad Akram V/S Syed Raheem & another (Karachi). S.302/34 PPC. Plea of Alibi supported by two medical certificates stating accused was suffering from jaundice and under treatment of doctor, were not produced before I.O. and such plea was not taken at the earliest stage. BBA CANCELLED 1996 PCrLJ 1373. Misal Khan V/S Tawab Gul & Others (Peshawar). S.302/34 PPC. Two certificates, one issued by the Colonel and the other by a Major of the Frontier Corps, showed that at the time of occurrence accused was present on duty at the Headquarter of the Frontier Corps. Case of further enquiry. BAIL GRANTED 1996 SCMR 931. S.302/34 PPC. Where bail is sought on the basis of a particular plea, court considering the said plea has to make tentative assessment of evidence proposed to be produced by the prosecution and all material on the record including material in support of defence plea, which is to be placed in juxtaposition with material in support of prosecution case to arrive at conclusion whether bail should be granted or not. Bail can be granted in a case of capital charge on the plea of alibi in peculiar facts and circumstances of that case so justify the finding in favour of grant of bail. 1998 PCrLJ 287. Chiragh Masih V/S The State (Lahore). S.302/34 PPC. Accused was empty-handed at the time of occurrence and had done nothing except raising a Lalkara that the deceased be done to death. Some witnesses examined by the I.O. had supported the plea of alibi taken by accused about his being away from the spot at the time of occurrence. Vicarious liability of the accused was to be determined by trial court after recording evidence. BAIL GRANTED 1998 PCrLJ 2014. Ihsan Ullah V/S The State (Lahore). S.302/148/149/109/120-B/379 PPC. Plea of alibi. When to be considered. Promptly raised plea of alibi supported by reliable material can be safely made basis for grant of bail. 2005 MLD 1756. Sabir Hussain V/S The State (Lahore) S.302/109/34 PPC. Plea of alibi raised in a bail matter could not be outrightly rejected but could be gone into for the purpose of grant or refusal of bail. BAIL GRANTED. 2007 PCrLJ 555. Zafar Iqbal & another V/S The State (Lahore) S.302/324/337-F(iii)/148/149 PPC. Accused had been declared to be innocent during investigation and his plea of alibi that he was on duty in a factory in another city where he was employed, had found favour with the investigating agency. Report for the discharge had been formulated, but Magistrate refused to agree with said police request. Motive part of the occurrence was not attributed to accused. Accused was not related to any of accused persons. Record showed that accused got enmity in a murder case with the principal accused, there was no occasion, in circumstances, for the accused to have joined hands with principal accused in assaulting complainant party. Accused was resident of "M" District and nothing was on record to show that he had any social intercourse with complainant party, which was resident of District "K". Ever since his arrest, consistent stand of accused was that he was totally unconnected in the matter and had nothing to do with the incident. Even parentage of accused did not find mentioned in FIR. BAIL GRANTED. PLJ 2008 SC 14. Qadir Baksh V/S Allah Wasayo & Others. S.302 PPC. S.497(5) CrPC. Accused were nominated for committing qatl-i-amd--- Bail before arrest was confirmed by High Court -- Cancellation of bail --- Plea of alibi --- Names were in Column No.2. Plea of alibi raised by them, investigating officer recorded the statements of as many as five teachers from the schools and expressed his opinion that accused were least concerned with commission of the crime. Held: Supreme Court does not interfere with the exercise of discretion by High Court unless it is shown to have been exercised in a manner not warranted by law or not supported by the record. BAIL NOT CANCELLED. 2008 MLD 533. Atif Abbas V/S The State (Lahore) S.302 PPC. FIR revealed that accused along with his co-accused fired at the deceased and injured other, but later on it had come on record that he wwas not present at the spot. Accused was on duty at the relevant time and the senior and colleagues of accused had sworn their affidavits to the police in that respect and the police came to the conclusion that accused was present in his office on that day. Accused was declared innocent and was placed in column No.2 of the challan, which column was meant for those accused persons who were not challaned or who were absconding. Case of accused being of further enquiry. BAIL GRANTED. 2008 MLD 805. Muhammad Farooq Khan V/S Province of Sindh & Others (Karachi DB) S.406/420/506-B/34 PPC. Matter was sub judice before Judicial Magistrate. On the day of alleged incident, accused was at place “K” where he was attending the proceedings of case in the court of Judicial Magistrate. Criminal proceedings at place “L”, in circumstances, had been motivated to harass and humiliate accused. Question of alibi, however, would be considered by the trial court. Sections of PPC, mentioned in FIR, were bailable in nature except S.506-B. BBA GRANTED. PLD 2008 Peshawar 45. Muhammad Khan V/S The State & another S.302/34 PPC. Plea of alibi of accused was not believeable because affidavit in that respect was not supported by any other proof. Plea of alibi raised by co-accused, was also doubtful as no document was on record to prove that at the specific time of occurrence, he was on duty as claimed by him. BAIL REFUSED. PLJ 2008 Cr.C.(Peshawar) 574. Amanullah Khan & another V/S The State S.324/148/149 PPC. Accused was serving in Frontier constabulary Wana, South Waziristan, as certificate of the Commandant FS that on the date of occurrence he was performing his duty at Wana. Similarly, co-accused was serving in police department and there was no apprehension of his absconsion. BAIL GRANTED PLJ 2008 Cr.C.(Lahore) 101. S.365-B PPC. Victim had admitted that first she appeared before the police alongwith accused and made statement in their favour and now she wants to make statement against them shows mala fides of police and complainant. Accused who was a school teacher did not present at the time of occurrence and as is evident from the attendance certificate issued by Headmaster of school that accused was present in school at that time. Attendance register also shows the presence of petitioner in school. Case of accused becomes that of further enquiry. BAIL GRANTED. 1997 MLD 1615 Baqir Ali & Others V/S The State & Others (Peshawar). S.324/34 PPC. Sessions Court while refusing bail to accused had totally ignored the certificate issued by the District Officer, Frontier Constabulary that the accused on the day of occurrence was present at F.C. Post. Despite an application having been made to the investigating officer in this regard he had not verified the said certificate by recording the statement of the concerned officer. Reasonable grounds, in circumstances, did not exist for believing that the accused was connected with the commission of the offence with which he was charged and his case needed further enquiry. BAIL GRANTED 1998 PCrLJ 1648. Muhammad Kabir & another V/S The State (FSC). S.324/337/458/34 PPC. New plea regarding alibi of accused was raised while arguing second bail application. Affidavit sworn by a relative of accused was also placed on record. Such plea of alibi having not been raised by accused while submitting his prior bail application was an afterthought. BAIL REFUSED 2000 PCrLJ 793. Kazim Hussain V/S The State & another (Peshawar). S.324 PPC. Plea of alibi taken by accused could not outweigh the direct evidence against him an thesame could be evaluated at thetrial by the court. Accused, prima-facie, linked with the offence with which he was charged. BAIL REFUSED 2000 MLD 1046. Jan Muhammad V/S The State (Karachi). S.324/337-H/147/148/149 PPC. S.498 CrPC. Plea of alibi. Consideration at bail stage. Accused had contended that on the day of incident he was admitted in hospital as an indoor patient. Accused had produced certificate allegedly issued by concerned hospital. Plea of alibi could be decided finally when record would be called from hospital concerned and doctor concerned would be examined, because in such matter the very identity of accused was to be considered. Plea of alibi was to be examined thoroughly at trial when identity of accused regarding his admission in hospital was established. BBA REFUSED 1995 PCrLJ 894. Ghulam Muhammad V/S The State (Lahore). S.10 Zina Ord. Accused sought bail on ground that in the last investigation he was found to be innocent on his plea of alibi. Accused in earlier three investigations was found to be real culprit and plea of alibi was raised belatedly by accused was not based on sound material. BAIL REFUSED PLD 2001 Lahore 45. The State V/S Ghulam Rasool & another S.302/148/149 PPC. Plea of alibi having been raised was not supported by any evidence, such plea requiring to be specifically proved through evidence at the trial and could not be considered for the purpose of bail. BAIL CANCELLED 2001 PCrLJ 1579. Moula Baksh V/S The State (Karachi DB). S.302/324/148/149 PPC. Accused despite being in knowledge of the registration of the case, had remained fugitive from law and did not explain his abscondence in his bail application. Plea of alibi having been taken by the accused after lapse of ten months had reflected adversely not only on such plea but also on the genuineness of the documents supporting the same. Ample evidence at such stage was available on record to suggest that the accused was guilty of the offence covered by the prohibitory clause. BAIL REFUSED 2002 PCrLJ 605. Muhammad Matloob & 7 Others V/S The State (Shariat Court AJK) S.302/324/147/148/149/337 PPC. Cancellation of bail. Accused had joined investigation and taken the plea of alibi which was supported by numerous affidavits. Injuries attributed to accused on the forehead of the deceased by the butt of the Kalashnikov were in the form of abrasions and lacerations according to the port-mortem report. No Kalashnikov had been recovered from the accused. Incumbent upon the court while granting bail to accused to record that the complainant party implicated the accused with mala fide intention. Discretion exercised by the trial court in granting bail to accused was neither arbitrary nor perverse or fanciful. BAIL NOT CANCELLED. 2002 PCrLJ 1483. Fazal Nabi & another V/S The State (Peshawar) S.302/324/34 PPC. Names of accused specifically transpired in promptly lodged report and they had been assigned a definite role in murder of deceased and attempted murder of prosecution witness. Ocular account of incident furnished by eye-witnesses coupled with medical evidence and circumstantial evidence had fully supported charge against accused. Plea of alibi and other pleas touching merits of case could not be discussed at bail stage, but could be adjudicated upon at time of trial. BAIL REFUSED 2003 MLD 1466. Sharifullah V/S Doctor Khan & another (Peshawar) S.302/324/34 PPC. Accused claimed to be present at polling station at the time of occurrence being polling agent of a candidate contesting election for seat of National Assembly. Trial court granted bail to the accused… Validity… Accused and co-accused were directly charged in FIR. Prosecution version was supported by statement of the injured, medical evidence and recovery of empties from the spot. Reasonable grounds existed to believe the involvement of accused in offence. Authority letter of such candidate in favour of accused was undated and no supported by statement of Presiding Officer and other witnesses recorded U/S 161 CrPC after 21 days of occurrence. Delay of 45 minutes in lodging of FIR could not be considered at bail stage as deep appreciation of evidence in bail proceedings was not permissible under law. Plea of alibi taken by accused was yet to be proved at trial. BAIL CANCELLED. 2003 PCrLJ 20 Supreme Court (AJ & K-DB), Muhammad Sadiq V/S The State. Ss.497/498. Bail Affidavit Plea of alibi Mere filing of affidavits for establishing the plea of alibi would not constitute a ground for bail either before the Investigation officer or the Court Such plea has to be established before the Trial Court. BAIL REFUSED NLR 2004 CrLJ 724. Mst. Sabira Khatoon V/S Muhammad Shahid @ Guddu Bihari etc. (Karachi) S.302 PPC.Pre-arrest bail in a murder case would be rightly granted to accused when accused was implicated in the case seven days after occurrence and his plea of alibi was duly established. BBA NOT CANCELLED NLR 2005 CrLJ 616. Asmatullah & Others V/S The State (D.I.Khan) S.302/34 PPC. Plea of alibi like other defence pleas taken at bail stage is essentially required to be examined by court with a degree of care and caution. There is no prohibition in law to grant bail on such plea. However, the assessment f one party or the other before trial court, particularly in a murder case. BAIL GRANTED 2006 PCrLJ 598. Irfan @ Kalu V/S The State (Lahore) S.302/34/109 PPC. Plea of alibi did not carry any weight in the presence of overwhelming prosecution evidence. Complainant and other witnesses had resolutely stuck to their stance taken in the FIR and in their statements recorded U/S 161 CrPC. Medical evidence had supported the prosecution version. Two innocent persons had lost their lives allegedly at the hands of the accused and his co-accused. Offence is hit by the prohibitory clause. BAIL REFUSED. 2008 MLD 805. Muhammad Farooq Khan V/S Province of Sindh & Others (Karachi DB) S.406/420/506-B/34 PPC. Matter was sub judice before Judicial Magistrate. On the day of alleged incident, accused was at place “K” where he was attending the proceedings of case in the court of Judicial Magistrate. Criminal proceedings at place “L”, in circumstances, had been motivated to harass and humiliate accused. Question of alibi, however, would be considered by the trial court. Sections of PPC, mentioned in FIR, were bailable in nature except S.506-B. BBA GRANTED 2: Appreciation of Evidence: NLR 1997 CrLJ 684. Plea of alibi resting on claim that at time of murder occurrence he was admitted in hospital, would merit rejection when accused’s movement in hospital ward was not restricted and his absence for hours would go unnoticed. 1997 SCMR 1829. Malik Muhammad Saleheen & Others V/S Arshad Siddiq & 2 Others. S.302/34 PPC. High Court, after having itself examined the Passport, PIA tickets and other documents produced on behalf of two accused had reached the conclusion that the plea of alibi taken by them was not only, prima facie, supported by the documents available on the record but was augmented by the report of ASDPO. LEAVE TO APPEAL REFUSED 2000 SCMR 1805. Muhammad Hanif V/S The State. S.302/307/34 PPC. Alibi, plea of. Burden of proof. Accused taking plea of alibi had to discharge the burden by producing satisfactory, reliable and authenticated evidence that his presence at the place of incident at the relevant time was not possible because of his presence at that time at another place. Mere production of the attendance register which was not properly maintained and unacompanie with a certificate of any responsible officer of the department, could not be termed to be reliable, satisfactory and authenticated evidence to believe the plea of alibi of the accused. Court had to give cogent reason and ground for believing plea of alibi raised by accused . APPEAL DISMISSED 2001 SCMR 25. Allah Wadhayo & another V/S The State S.302 PPC. Plea of alibi. Accused was a police official posted at 325 miles away from the place of occurrence. Senior officers of the accused had certified that at the time of occurrence he was on duty. Plea of alibi was taken by the accused at the earliest possible opportunity before the Investigating Officer. Effect. Police either did not choose to verify the plea of alibi or after verification did not disclose the same. Such circumstance had cast a serious doubt on the prosecution case. Possibility of false involvement of the accused, thus, could not be ruled out. Judgement and conviction of the accused could not be sustained. (2) Plea of alibi. Where the accused had taken plea of alibi right from the stage of investigation and the position of the accused was consistent and straightforward, burden of proof required of the accused stood discharged and it shifted to the prosecution. CONVICTION SET-ASIDE. PLD 2001 Karachi 279.Syed Shoaib Ahmad Bukhari V/S The State (DB). S.353/427/109/34 PPC. S.3 & 4 Explosive Substances Act 1908. Plea of alibi. Burden of Proof. Mode. Burden to prove plea of alibi was on the accused which was to be proved in accordance with law. FIR NOT QUASHED PLD 2002 SC 77. Inayat Ali V/S The State S.302 PPC. Art.119 Qanoon-e-Shahadat. Plea of alibi, proof of. Not essential for the accused to have proved the plea of alibi to the hilt and more so it is for the prosecution to establish its case beyond the shadow of doubt. CONVICTION UPHELD PLD 2003 Quetta 109. Muhammad Ayub & Others V/S The State S.302(b) PPC. Presence of eye-witness at the place of incident was established who had nominated the accused in his statement recorded U/S 161 CrPC, soon after the incident by the Investigating Officer and had attributed to him the role of firing on the deceased. Statement of the said eye-witness inspired confidence and appeared to be true. Plea of alibi taken by accused in his defence being not convincing had been ruled out of consideration. CONVICTION UPHELD. 2007 PCrLJ 1891.Moulvi Taj Muhammad & 3 Others V/S The State (Quetta) S.302(b) PPC. Alibi - Soon after the occurrence all the accused did not surrender to the authorities and had remained absconders and any certificate obtained by them showing their presence on the day of occurrence at other places, was an effort to procure evidence of their alibi, which could not be believed. Plea of alibi taken by accused was false and an afterthought and the same was rejected. Prosecution had successfully proved the case against the accused. (2) Plea of alibi - Burden of proof - Accused raising plea of alibi has to discharge the burden by producing satisfactory, reliable and authenticated evidence that his presence at the place of incident at the relevant time was not possible because of his presence at the relevant time at another place. (3) Plea of alibi to be definitely proved. Very easy to set up plea of alibi but not always easy to prove it and it must be definitely proved, in order to suffice for rebuttal of the prosecution case. (4) Plea of alibi - Accused to appear in witness-box to prove such plea. No adverse inference, though can be drawn against an accused person for not appearing in witness box in disproof of allegations and charge, but if he had taken a specific plea and burden to prove such plea was upon him, then he should appear in witness box in support of his such plea. CONVICTION UPHELD.
Posted on: Sun, 04 Aug 2013 09:15:43 +0000
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