ABDUL JABBAR alias TERRI vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, Abdul Jabbar alias Terri, in connection with F.I.R. No. 184 registered under sections 324, 337-A1, 337-A2, 337-L2, 148, and 149 of the Pakistan Penal Code 1860. The petitioner sought relief on the grounds that he was declared innocent during the police investigation, there was a significant 30-hour delay in lodging the F.I.R., and he had no prior criminal convictions. The State opposed the bail application. Upon reviewing the record, the Court noted that the petitioner had been incarcerated since November 2002 and that the investigating officer had formally declared him innocent in the case diary. Furthermore, the Court observed that the investigation was complete, the challan had been submitted, and the petitioner's custody was no longer required for investigative purposes. Additionally, the injury attributed to the petitioner was located on a non-vital part of the victim's body. Consequently, the Court held that continued incarceration would serve no useful purpose and granted the petition, admitting the accused to bail subject to furnishing bail bonds.
- Does a finding of innocence by the investigating officer constitute a valid ground for the grant of post-arrest bail?
- Is the location of an injury on a non-vital part of the body a relevant consideration for bail in cases involving hurt?
- Should an accused be kept in custody if the investigation is complete and the challan has been submitted?
- Section 324, Pakistan Penal Code 1860
- Section 337-A1, Pakistan Penal Code 1860
- Section 337-A2, Pakistan Penal Code 1860
- Section 337-L2, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' Through this petition the petitioner seeks post-arrest bail in case F.I.R. No.184 dated 13-3-2002 registered under sections 324, 337-A1/ 337-A2/337-L2/148/149, P.P.C. At Police Station Phool Nagar, District Kasur on the ground that the petitioner has been found innocent during the investigation; that there is delay of about 30 hours in lodging the F.I.R. And that the petitioner is previously non- convict.
2. On the other hand, learned counsel for the State has opposed the grant of bail.
3. Heard. Record perused.
4. The petitioner was arrested on 26-11-2002 and is behind the bars since then. The investigation was conducted by Jamshed Raza Syed DSP Patoki, who vide Zimni No.11 dated 6-5-2002 declared the petitioner innocent. Investigation is complete. Challan has been submitted. Petitioner's person is no longer required. Even otherwise, the injury attributed to the petitioner is on non-vital part of the injured. Keeping the petitioner behind the bars for an indefinite period of time will not service IA or advance the prosecution case.
5. For what has been stated above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.