Ibrahim And Another vs The State
This matter concerns a petition for post-arrest bail filed by the petitioners, Ibrahim and another, who were accused in FIR No. 196 dated 15.9.2004 for offences under Sections 458, 398, and 393 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioners trespassed into the complainant's house to commit robbery, leaving behind incriminating evidence, including identity cards, while fleeing the scene. The core legal question was whether the petitioners were entitled to bail given the circumstances of their identification and the investigation's status. The Court observed that the prosecution's case regarding the identification of the petitioners was suspicious, particularly concerning the source of information identifying one of the petitioners. Furthermore, the Court noted that the petitioners were never subjected to an identification parade to verify their involvement. Finding that the investigation was complete and the petitioners were no longer required for further investigative purposes, the Court allowed the bail petition. The key principle laid down is that where the prosecution's case regarding identity is dubious and the investigation is complete, the accused is entitled to the concession of bail.
- Is an accused entitled to bail when the prosecution fails to establish a reliable source for their identification in the FIR?
- Does the failure to conduct an identification parade for suspects whose identity was not previously known to the complainant constitute grounds for granting bail?
- Should bail be granted when the investigation is complete and the accused is no longer required for further investigative purposes?
- Section 458, Pakistan Penal Code 1860
- Section 398, Pakistan Penal Code 1860
- Section 393, Pakistan Penal Code 1860
ORDER
MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.- Seeks post arrest bail in case FIR No.196, dated 15.9.2004 for the offences under Sections 458/398/393, PPC registered at P.S. Khushab.
2. In brief the story of the prosecution as penned in the FIR is that on 14.9.2004 at about 8-30 p.m.
Three unknown persons while trespassing in the house of complainant over powered the women folk in the house as well as Muhammad Arshad son of the complainant and directed them to handover the case and golden ornaments. Upon the resistance by the inmates two of the assailants managed to escape whereas the third person had a grappling and during the process the said unknown person while leaving his Shalwar and shoes at the spot also managed to escape.
From the pocket of said Shalwar the identity card of one Muhammad Babar son of Muhammad Habib caste Meo was recovered. Upon search the complainant party also found one Identity Card of Safeer Ahmad son of Mir Baz caste Awan. The complainant came to know about the identity of the petitioner upon a information conveyed to him by some one and on the next day i.e. 15.9.2004 at 11-45 a.m. The FIR was lodged.
During the investigation petitioners were arrested on 22.9.2004. The bail application of the petitioners was dismissed by the Sessions Judge Khushab vide order dated 24.2.2005. Hence this petition.
3. Heard. File perused.
4. Admittedly petitioners were not known to the complainant party but they came to known about Safeer Ahmad petitioner from the identity card which was found lying at the spot and about Ibrahim petitioner some unknown persons had informed the complainant. The record of this case is absolutely silent about the source through which complainant had came to known about the identity of Ibrahim petitioner. According to the prosecution case petitioners along with other co- accused had trespassed into the house of the complainant for the purpose of committing robbery but strange enough the accused leaving the Shalwar and shoes at the spot managed to escape.
The bare perusal of the FIR reveals that prosecution has concealed the true facts while lodging the FIR. After their arrest petitioners were never put to the test of identification to rule out the possibility of their false involvement from the petitioners, Investigation to their extent is complete and they are no more required for the said purpose. Accordingly this petition is allowed and petitioners are admitted to bail provided they furnish bail bonds in the sum of Rs.1,00,000/- each with one surety each in the like amount to the satisfaction of Trial Court.