KARACHI: Two accused on Wednesday escaped from the Supreme Court Karachi Registry after a Supreme Court bench dismissed their applications for pre-arrest bail in a seven-year-old triple murder case.

A three-judge bench headed by Chief Justice Asif Saeed Khosa, dismissed bail applications of Habibullah and Allah Bux after hearing arguments from both sides at the SC’s Karachi Registry through videoconferencing at the apex court’s principal seat in Islamabad. Other bench members included Justices Sardar Tariq Masood and Mazhar Alam Khan Miankhel.

The applicants filed their applications seeking bail before arrest through their counsel Abdul Wahab Baloch.

At the outset, CJP Khosa inquired from the counsel as to how the bail could be granted to the applicants, who remained absconding from 2011 till 2019 in the case. He further inquired as to why the applicants remained absconding for seven years.

The applicants counsel, Abdul Wahab Baloch, submitted that the applicants were under threat from the opponents.

The bench remarked that while the applicants were afraid of their opponents they did not fear the law and asked if there was any surety that they would not abscond away after obtaining pre-arrest bail.

The top judge observed that the applicants had came to the court to seek bail after remaining absconding in the case for seven years, which was an injustice to the law.

He further noted that the perusal of the case record showed that prima facie the role of the applicants was strong and clear in the commission of the alleged offence, though the trial would decided whether the case registered against them was fake or not.

On the other hand, a prosecutor opposed the bail pleas arguing that the applicants faced the allegations of the victim, Sajjad, and two others. Therefore, they were not entitled to the concession of the pre-arrest bail and their applications may be dismissed, the prosecutor pleaded.

After perusing the case record and hearing arguments from both sides, the bench dismissed the bail applications of both the applicants. The applicants escaped from the court after dismissal of their bail pleas.

The lawyers conceded that both the applicants escaped from the apex court after their bail pleas were dismissed and maintained that they would surrender before the trial court as soon as possible.

A case was registered against them at district Ghotki.

Five applicants escape after bail rejection

The same bench also dismissed bail applications filed by five accused persons in a case pertaining to attempted murder registered in district Ghotki, who also escaped from the registry branch.

The applicants, including Mehar, Ali Gul, Muhammad Ibrahim, Ikhtiar Ali and another had approached the apex court seeking pre-arrest bail in a case pertaining to attempt to murder and causing firearm injury to a person in an armed clash between two tribes in district Ghotki.

The bench members rejected and dismissed their bail applications.

Their counsel Ghulam Rasool Mangi pleaded to the court to admit his clients to bail before arrest arguing that they wanted to surrender before the trial court but apprehended their arrest.

A case was registered at the B-Section police station in Ghotki.

Published in Dawn, May 30th, 2019