RIAZ alias ALLAH RAKHA and another vs THE STATE
This matter concerns a post-arrest bail petition filed by two accused persons, Riaz alias Allah Rakha and Ghulam Rasool, in relation to F.I.R. No. 169 of 2003, registered at Police Station Noor Shah, District Sahiwal, for offences including lurking house trespass and assault. The core legal question was whether the petitioners were entitled to bail after arrest, given the allegations of house trespass and the subsequent addition of further charges during investigation. The court held that the delay in lodging the F.I.R. did not inherently render the prosecution case doubtful, noting the difficulties a widow and her daughter might face in registering a case. The court further observed that the complainant lacked any apparent motive for false implication. Crucially, the court determined that the facts disclosed an offence under Section 458 of the Pakistan Penal Code 1860, which falls within the prohibitory clause, thereby precluding the grant of bail. Consequently, the court dismissed the bail petition, affirming that the nature of the offence and the circumstances did not warrant the relief sought.
- Does a delay of five days in lodging an F.I.R. automatically render the prosecution case doubtful?
- Does an offence under Section 458 of the Pakistan Penal Code 1860 fall within the prohibitory clause for the purpose of bail?
- Can the social circumstances of a complainant, such as being a widow, be considered when evaluating the credibility of a delayed F.I.R.?
- Section 458, Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 394, Pakistan Penal Code 1860
ORDER
' Riaz alias Allah Rakha and Ghulam Rasool-petitioners seek bail after arrest in a case F.I.R. No. 169 of 2003, dated 13-4-2003 registered at Police Station Noor Shah, District Sahiwal, under section 458, P .P.0 .
2. The prosecution case is that on 8-4-2003 at about 3-00 a.m., Allah Rakha,. Gulam Rasool and Zahoor son of Malung committed lurking house trespass in the house of Mst. Nawaz Bibi- complainant. They were all cartrying fire-arms with them and demanded keys of the box. Mst.
Nawab Bibi and her daughter Mst. Bushra Bibi were assaulted when they refused to hand over the keys. They raised alarm upon which the accused opened the door and made good their escape. In the meantime, Allah Rakha and Shaukat Ali (P.Ws) had also arrived at the spot.
3. Both the females were medically examined. During the investigation of the case, the police added sections 337-F(v), 337-F(vi) and 394. P.P.C.
4. Learned counsel for the petitioners contended that the F.I.R. Has been lodged with a delay of five days, which makes the prosecution case doubtful arid that there is no evidence to show that commission of an offence under section 394, P.P.C.
5. I have considered the arguments and have perused the record. The complainant is a female besides being a widow, who lives with her unmarried daughter. Unfortunately, it is not easy even for a female to get a case registered with the police. If the complainant wanted to fabricate a false case, she could have easily stated that the occurrence had taken place on the night prior to the registration of the case. The complainant has no motive to falsely implicate the petitioners. The facts of the case disclosed the commission of an offence under section 458,P.P.C., which falls within the prohibitory clause. I, therefore, do not consider it a fit case for the grant of bail. This petition is dismissed.