NIZAM DIN alias NANNA vs THE STATE
This matter arises from a petition seeking post-arrest bail in respect of F.I.R. No. 105 of 2004 registered under sections 379, 420, and 466 of the Pakistan Penal Code at Police Station B-Division Kasur. The core legal question involves determining whether the petitioner, an advocate's clerk accused of stealing judicial record and removing order sheets, is entitled to post-arrest bail in light of evidentiary gaps in the prosecution's case. The Lahore High Court held that the absence of details regarding the person from whom the file was taken, the failure to involve the copy clerk in the investigation, and the lack of specific timing, date, and circumstances of the occurrence constitute lacunas bringing the case within the scope of further inquiry. Consequently, the court allowed the petition and admitted the petitioner to post-arrest bail. The key principle laid down is that material gaps and ambiguities in the prosecution narrative regarding the foundational facts of the alleged crime warrant the grant of bail under the principle of further inquiry.
- Whether material omissions regarding the time, date, and circumstances of an alleged crime bring a case within the scope of further inquiry for the purpose of bail?
- Is an accused entitled to post-arrest bail when the prosecution fails to identify or investigate the primary witness or person from whom the case property was allegedly removed?
- Whether the theft of judicial records and removal of order sheets by an advocate's clerk warrants pre-trial incarceration despite evidentiary gaps in the first information report?
- Section 379, Pakistan Penal Code
- Section 420, Pakistan Penal Code
- Section 466, Pakistan Penal Code
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
' Seeks post-arrest bail in case F.I.R. No,105 of 2004 dated 22-3-2004 for the offences under sections 379/420/466, P.P.C. Registered at Police Station B-Division Kasur.
2. In nutshell the allegation against the petitioner who is clerk of an Advocate is that he after stealing record of case F.I.R. No,457 of 1999 for the offences under sections 420/468/471, P.P.C.
Registered at Police Station, Saddar Kasur, removed order sheets bearing Nos.67 to 70. Allegedly petitioner asked for Rs,10,000 to return the said documents. The present case was registered upon the statement of Muhammad Aslam Ahalmad to Additional Sessions Judge, Kasur, under the orders of learned Additional Sessions Judge, Kasur.
' During the investigation petitioner was arrested on 24-4-2004. Bail application of the petitioner was dismissed by Additional Sessions Judge, Kasur vide order dated 31-5-2004, hence this petition.
3. Heard. File perused.
' No doubt petitioner is named in the F.I.R. With the specific role that he being clerk of an Advocate took away the record of case F.I.R. No,457 of 1999 for the offences under sections 420/468/471, P.P.C. registered at Police Station, Saddar Kasur, from the copy clerk of the Sessions Court Kasur and thereafter removed order sheets bearing Nos.67 to 70 but the file of this case is absolutely silent about the person i.e, copy clerk, from whom the petitioner allegedly took away the file, nor during the investigation any copy clerk has been involved in this case. Record of this case is also silent about the time, date, year in which this occurrence took place as well as the circumstances under which petitioner took away the file from the copy clerk. Prima facie the said lacunas in the prosecution case are sufficient to bring the case against the petitioner within the fold of further inquiry entitling him to the concession of bail. Accordingly this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds amounting to Rs,50,000 (rupees fifty thousand) with one surety in the like amount to the satisfaction of the trial Court.