MUHAMMAD QASIM vs THE STATE
The petitioner Muhammad Qasim sought post-arrest bail in case F.I.R. No. 292 dated 16-7-2004 registered under sections 382 and 411 of the Pakistan Penal Code 1860 at Police Station Gulberg, Faisalabad, involving the alleged snatching of a vehicle on gunpoint alongside co-accused. The core legal question was whether the petitioner made out a case for further inquiry and grant of post-arrest bail under the circumstances of the case. The Lahore High Court held that the petitioner was entitled to bail, noting that no weapon of offence was recovered from him during investigation, that an investigating officer being a D.S.P. found the case regarding the snatching of the vehicle to be false, that the petitioner was the brother of a co-accused disputing ownership with the complainant, and that the petitioner was no longer required for investigation. The court laid down the principle that where the investigating agency finds the accusation doubtful and no incriminating recovery like a weapon is made, further inquiry into the petitioner's guilt warrants the grant of post-arrest bail.
- Whether post-arrest bail can be granted when no weapon of offence is recovered from the accused during investigation?
- Does a finding by an investigating officer declaring a specific allegation to be false warrant the concession of bail?
- Whether an accused whose custodial interrogation is no longer required by the police is entitled to release on bail?
- Section 382, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
ORDER
' Muhammad Qasim son of Abdul Khaliq seeks after arrest bail in case F.I.R. No,292, dated 16-7-2004 under sections 382, 411, P.P.C. Registered with Police Station Gulberg, Faisalabad.
2. Allegation against the petitioner is that he along with his co-accused Muhammad Azam and Boota snatched vehicle from complainant on gun-point.
3. The petitioner was arrested on 21-7-2004 and after investigation has been sent in judicial lock- up. He was declined after arrest bail by the learned Additional Sessions Judge, Faisalabad vide order dated 14-9-2004. Hence this petition.
4. Learned counsel for the petitioner, for the complainant and for the State have been heard exhaustively and record has been perused.
5. During investigation no weapon of offence was recovered from the petitioner. Petitioner is brother of Muhammad Azam who disputes ownership of the complainant. He has been sent in judicial lockup. One of the Investigating Officer, who was D.S.P. Also found the case to the extent of snatching of vehicle false. Petitioner is no more required for investigation therefore, he is admitted to bail subject to his furnishing of bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the 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.
Cited by 1 case
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