ABDUL WAHAB alias BILLA vs STATE
This is a criminal petition filed by Abdul Wahab alias Billa seeking post-arrest bail in case FIR No. 108 dated 23.7.03 registered under Sections 489-F, 489-B, and 420 of the Pakistan Penal Code 1860 at Police Station Daulat Gate, District Multan. The core legal question is whether the petitioner is entitled to post-arrest bail considering that a co-accused with a similar role was declared innocent by the police, the major penal section was altered, and the investigation is complete. The Lahore High Court held that the petitioner has made out a case for further inquiry. Consequently, the court allowed the petition and admitted the petitioner to post-arrest bail subject to furnishing appropriate surety bonds. The key principle laid down is that where a co-accused assigned a similar role is declared innocent, the offence is bailable or altered, and investigation is complete, the accused establishes a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 warranting the grant of bail.
- Whether an accused is entitled to post-arrest bail when a co-accused with a similar role has been declared innocent by the police?
- Does the completion of investigation and submission of challan provide a ground for the grant of post-arrest bail?
- Whether a case for further inquiry is made out under criminal law when offences are altered and the accused is no longer required for investigation?
- Section 489-F, Pakistan Penal Code 1860
- Section 489-B, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
ORDER
Through this petition the petitioner seeks his post-arrest bail in case FIR No, 108 dated 23.7.03 under Sections 489-F/489-B/420 PPC registered at Police Station Daulat Gate District Multan.
2. Learned counsel appearing on behalf of the petitioner submits that the co-accused Irshad had been declared innocent by the police who was assigned a similar role; that offence under Section 489-B PPC had 'been deleted and replaced by offence under Section 420 PPC which is bail able in nature; that investigation had been completed and challan has been submitted; that petitioner is no more required by the police for further investigation.
3. Learned counsel for the State assisted by the complainant has strongly opposed the grant of bail.
4. I have heard the learned counsel for the parties and also perused the record carefully. The co- accused of the petitioner namely Irshad has been declared innocent by the police who was assigned a similar role and the offence with which the petitioner has been charged is bailable and he is no more required by the police for further investigation. In this view of the matter the case of the petitioner for further inquiry is made out, entitling him to be released on bail. Hence I allow this petition and admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (two lac) with one surety in the like amount to the satisfaction of the learned trial Court.