Haji GUL MUHAMMAD vs STATE
This matter comes before the Lahore High Court through a petition filed under Section 498 of the Code of Criminal Procedure 1898, wherein the petitioner seeks pre-arrest bail in case FIR No. 272 dated 30.8.2001 registered under Sections 382 and 109 of the Pakistan Penal Code 1860 at Police Station Shedani, District Rahimyarkhan, concerning an allegation of cattle lifting. The core legal question is whether the petitioner is entitled to pre-arrest bail given the unexplained delay in lodging the FIR, successive police investigations finding him innocent, and the lack of evidence supporting the subsequent allegation of abetment. The court held that where multiple police investigations consistently declare the accused innocent and the final investigation lacks tangible evidence regarding the alleged conspiracy, the possibility of false implication cannot be ruled out. Consequently, the court accepted the application and confirmed the pre-arrest bail. The key principle laid down is that consistent findings of innocence across multiple police investigations, coupled with unexplained investigative delays and a lack of direct evidence for abetment, furnish strong grounds for the confirmation of pre-arrest bail.
- Whether unexplained delay in lodging the FIR constitutes a ground for pre-arrest bail?
- Can pre-arrest bail be granted when multiple successive police investigations have found the accused innocent?
- Is an accused entitled to pre-arrest bail where evidence of conspiracy or abetment is lacking?
- Section 498, Code of Criminal Procedure 1898
- Section 382, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
Through this petition under Section 498 Cr.P.C. Haji Gul Muhammad petitioner seeks bail before arrest in case FIR No, 272 dated 30.8.2001 registered u/S. 382/109 PPC at Police Station Shedani District Rahimyarkhan.
2. The allegation against the petitioner is about cattle lifting of complainant in the night between 19/20-7-2004 and he along-with other co-accused was seen by the PWS near river.
3. Learned counsel for the petitioner contends that the FIR was lodged with the delay of 10 days without any explanation. Further contends that five investigations had been conducted in which the petitioner was found innocent but in the last investigation conducted by Inspector Range Crime Branch, he has been made an accused for abetment without any evidence.
4. Learned state counsel opposes this bail application on the ground that the petitioner is named in the FIR and it is not a fit case for grant of bail before arrest.
5. I have heard the learned counsel for the parties and also gone through the record: Specific allegation was levelled that the petitioner alongwith the co-accused was seen by the complainant and the other witnesses while taking away the stolen buffaloes but in spite of that FIR was lodged with the delay of 10 days without any explanation. In the five successive investigations conducted by SHO Police Station Liaqatpur, D.S.P. Sadiqabad, ASP Sadiqabad and Addl: S.P. Rahimyarkhan, the petitioner has been found innocent but in the last investigation conducted by Inspector Range Crime Branch, he has been made an accused only for abetment of commission of the offence. No doubt opinion of the police is not binding on the Courts but consistently holding of the police that the petitioner was innocent and even in the final investigation it has not been held that the petitioner was present at the spot and had taken the buffaloes but he has been challaned that he had hatched conspiracy with the co-accused for the theft of the buffaloes. No time and place when and where the conspiracy was hatched up was mentioned by the witnesses and no evidence was collected by the last Investigating Officer in this regard. The possibility of false implication of the petitioner in the present case cannot be ruled out It is a fit case for the grant of bail before arrest. Hence; this application is accepted and ad-interim pre-arrest bail already granted to the petitioner vide order dated 15.9.2004 is confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 100,000/- (Rupees one lac only) with two sureties each in the like amount to the satisfaction of learned Judicial/Ilaqa Magistrate.