IMRAN vs THE STATE
The petitioner, Imran, sought post-arrest bail in a case registered under sections 381-A and 411 of the Pakistan Penal Code 1860, concerning the theft of a motorcycle. The petitioner was not nominated in the First Information Report. The prosecution opposed the bail, citing the petitioner's involvement in a prior criminal case, though he was subsequently discharged in that matter. The Court observed that the offence charged did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. Furthermore, the Court noted that the motorcycle had been recovered by the police under section 550 of the Code of Criminal Procedure 1898, and there was no material connecting the petitioner to the crime. Emphasizing the principle that bail is the rule and refusal is the exception, the Court held that there were sufficient grounds for further inquiry into the petitioner's guilt under section 497(2) of the Code of Criminal Procedure 1898. Consequently, the bail petition was accepted.
- Is a petitioner entitled to bail when the offence charged does not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Does the absence of a petitioner's name in the First Information Report constitute grounds for further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Is bail the rule and refusal the exception in cases not falling within the prohibitory clause?
- Section 381-A, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 457, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
- Section 550, Code of Criminal Procedure 1898
ORDER
' Imran, petitioner, seeks bail after arrest in case registered vide F.I.R. No.625 dated 6-10-2003 under sections 381-A/411, P.P.C. At Police Station, Sabzi Mandi District Gujranwala.
2. It is alleged that a Motorcycle No.LRA-9905 Sohrab 2000 was parked by Muhammad Tahir, complainant outside his house. After some time, it was found missing on which the case was registered. Thereafter, the motorcycle was recovered by the Eminabad police and was taken into possession under section 550, Cr.P.C. Petitioner applied for bail after arrest to the learned Additional Sessions Judge, Gujranwala, which has been declined to him. Hence this petition.
3. Learned counsel for the petitioner contends that the petitioner is not nominated in the F.I.R.; that he is innocent; that the case does not fall under the prohibitory clause of section 497, Cr.P.C.; that there is no material available with the prosecution to connect the petitioner in the alleged crime but there are grounds of further inquiry into the guilt of the petitioner within the meaning of section 497(2), Cr.P.C.
4. On the other hand, learned State counsel has opposed the bail on the ground that the petitioner was earlier arrested in case registered vide F.I.R. No.327 dated 12-5-2003 under sections 457/380, P.P.C., at Police Station, Sabzi Mandi, Gujranwala and during the investigation of that case, it was disclosed that the petitioner was responsible for committing the theft of the motorcycle.
Subsequently, the petitioner was discharged in the said case.
5. I have heard the arguments of the learned counsel for parties and perused the record with their assistance.
6. Petitioner is not nominated in the F.I.R. Case does not fall under the prohibitory clause of section 497, Cr.P.C. Bail is a rule and refusal is an exception as held in case reported as Imtiaz Ahmad and another v. The State PLD 1997 SC 545. Motorcycle has been taken by the Police Station, Eminabad under section 550, Cr.P.C. In this view of the matter, there are no reasonable grounds to believe that the petitioner has committed the offence for which he has been charged for but there are grounds of further inquiry into the guilt of the petitioner within the meaning of section 497(2), Cr.P.C. In this view of the matter, I am inclined to grant bail to the petitioner. Resultantly, this application is accepted. Petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of the trial Court.