Rana NASIR ZAHEER vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, Rana Nasir Zaheer, who was charged under sections 17 and 22 of the Emigration Ordinance, 1979, in connection with an F.I.R. registered at the FIA Passport Circle, Lahore. The core legal question was whether, given the lack of documentary evidence and the nature of the allegations, the petitioner was entitled to bail under the provisions of the Code of Criminal Procedure, 1898. The Court observed that the prosecution failed to produce any documentary proof, such as passports or identity cards, to substantiate the allegations that the petitioner had taken the complainant's brother to Iran. The case rested solely on oral allegations countered by the petitioner's written denial. The Court held that since the investigation was finalized and no reasonable grounds existed to believe the petitioner was guilty, the case fell within the scope of further inquiry. Consequently, the Court admitted the petitioner to bail, establishing the principle that where the prosecution lacks material evidence to support allegations, the accused is entitled to bail pending further inquiry.
- Does the absence of documentary evidence to support oral allegations in an F.I.R. constitute a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is an accused entitled to post-arrest bail when the investigation is finalized and no material evidence has been collected against them?
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Through this petition Rana Nasir Zaheer petitioner has sought post-arrest bail in case F.I.R. No.561 registered at Police Station FIA, Passport Circle, Lahore 5-11-2003 for offences under sections 17/22 of the Emigration Ordinance, 1979.
2. After hearing the learned 'counsel for the parties and going through the record it has straightaway be observed that during the investigation no material whatsoever was collected by the Investigatirig Officer in support of the allegations levelled against the petitioner in the F.1.R.
During the investigation some oral statements were made by the complainant and the prosecution witnesses before the Investigating Officer and as against that the petitioner had submitted his written statement before the Investigating Officer on .16-6-2003 maintaining his innocence and attributing falsehood to the complainant party. It has pertinently . Been noticed by me that according to the F.I.R. The complainant's brother namely Shafique Ahmad had been taken by the petitioner with him to Iran where the petitioner had disappeared leaving Shafique Ahmad in the lurch whereafter the said Shafique Ahmad had returned to Pakistan on his own. According to the Investigating Officer no documentary proof whatsoever was produced by the complainant party before him regarding going of the said Shafique Ahmed and the petitioner to Iran or their returning to Pakistan. He has gone 'on to inform the Court that during the investigation neither the Identity Card nor the Passport of the said Shafique Ahmad had been produced before him by the complainant party nor the same were recovered from the petitioner's possession. In that backdrop the case against the petitioner is one of an oral allegation by the complainant party and a written denial by the petitioner before the Inquiry Officer. There is no other material available on the record and, thus, it is not possible for this Court at this stage to conclude that reasonable grounds exist to believe in the petitioner's involvement in the alleged offences. The investigation of this case has already been finalized and, thus, physical custody of the petitioner is not required at this stage for the purposes of investigation.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in. The sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.