NADEEM KHAN vs STATE
This is a post-arrest bail application filed by the petitioner, Nadeem Khan, seeking release in connection with FIR No. 322/2004, registered under Sections 399 and 402 of the Pakistan Penal Code 1860, at Police Station Saddar, Chichawatni. The core legal question before the Court was whether the petitioner, who was alleged to be preparing for dacoity while armed with deadly weapons, was entitled to the concession of bail given his criminal record and the circumstances of his arrest. The petitioner argued innocence, lack of prior convictions, and that the recovery was planted. The State opposed the application, citing the petitioner's involvement in other criminal cases. Upon review, the Court observed that the petitioner was a first-time offender at the time of his initial arrest and that subsequent criminal involvements were registered after his detention. Finding the circumstances warranted relief, the Court accepted the bail application. The Court held that the petitioner should be released on bail, subject to furnishing bail bonds in the amount of Rs. 100,000 with two sureties, emphasizing the specific context of the allegations and the timing of subsequent cases.
- Is a petitioner entitled to post-arrest bail when the alleged criminal involvement in subsequent cases occurred after their initial arrest?
- Does the mere apprehension of preparation for dacoity, without overt act, constitute sufficient grounds to deny bail to a first-time offender?
- Section 399, Pakistan Penal Code 1860
- Section 402, Pakistan Penal Code 1860
ORDER
Through this application the petitioner seeks bail after arrest in case FIR No, 322/2004, dated 10.9.2004 registered under Sections 399/402 PPC at Police Station Saddar, Chichawatni, District Sahiwal.
2. Briefly the allegation in the FIR is that the present petitioner alongwith eight other co-accused while armed with deadly weapons made preparation to commit dacoity.
3. Learned counsel for the petitioner contends that the instant case against the petitioner is false and petitioner is innocent. It is further contended that the petitioner is previously non-convict and recovery has been planted upon him only to show Karwai.
4. On the other hand, learned counsel for the State opposes this application on the ground that the petitioner is involved in four criminal cases apart from the present case. Uence, the instant petitioner's bail application may be dismissed.
5. I have heard the learned counsel for the parties and also perused the record. The petitioner is first offender having been arrested on 10.9.2004 in this case but subsequently was involved in case FIR No, 322/2004, in which, he being not named as an accused has been granted bail by the learned Additional Sessions Judge. He has been involved in other criminal cases after his arrest or 10th of September 2004, is the present .case merely with the apprehension that they were preparing themselves for commission of dacoity. In such circumstances, this application is accepted and the petitioner shall be released on bail subject to his furnishing bail bonds amounting to Rs, One lac with two sureties each in the like amount to the satisfaction of learned Judicial/Ilaqa Magistrate.