TAHIR MANZOOR vs THE STATE and another
This matter comes before the Lahore High Court through a bail after arrest petition filed by Tahir Manzoor, who was arrested on November 25, 2003, in connection with F.I.R. No. 401 of 2003 registered under Sections 392 and 411 of the Pakistan Penal Code at Police Station Yousufwala, District Sahiwal. The core legal question revolves around whether the petitioner is entitled to post-arrest bail considering he was not nominated in the F.I.R., no recovery was effected from him, and the identification parade was timely objected to due to alleged prior show-up at the police station and unexplained delay in holding the parade. The court held that these circumstances created a doubtful atmosphere requiring further inquiry and brought the case within the ambit of the benefit of the doubt at the bail stage. Consequently, the court granted post-arrest bail to the petitioner. The key principle laid down is that an unexplained delay in conducting an identification parade coupled with timely objections regarding the accused being shown to witnesses at the police station and the absence of recoveries creates a case for further inquiry warranting the grant of bail.
- Whether post-arrest bail can be granted when the accused is not nominated in the F.I.R. and no recovery is effected from him?
- Does an unexplained delay in conducting an identification parade and objections regarding the accused being shown to witnesses create a case for further inquiry?
- Is an accused entitled to the benefit of doubt at the bail stage when the sole connecting evidence is a disputed identification parade?
- Section 392, Pakistan Penal Code
- Section 411, Pakistan Penal Code
ORDER
' Tahir Manzoor, the petitioner arrested on 25-11-2003 in case F.I.R. No.401 of 2003 lodged with Police Station, Yousufwala District, Sahiwal on the application of one Ch. Muhammad Ali on 18-11-2002 under sections 392/411, P.P.C., has filed this bail after arrest petition after he could not get the bail concession from the learned Magistrate Ist Class, Sahiwal on 17-3-2004 and on 30-3-2004 from learned Additional Sessions Judge, Sahiwal. The learned counsel appearing on behalf of the petitioner submits that the petitioner was not nominated in the F.I.R. And was arrested near his residence in Chak No.5/82 of Thal Development Authority and no recovery was effected from him.
As regards the identification parade, the learned counsel has submitted that the petitioner had objected before the conduct of proceedings of identification parade that he was shown to the informant/complainant in the police station. The learned counsel has also submitted that five days earlier to the identification parade, the petitioner was arrested but was kept in the police station continuously so as to get his identification known to the informant. The learned counsel appearing on behalf of State has opposed the grant of bail with this allegation that the petitioner has been identified by Muhammad Shafi, driver of the Tractor in the identification parade. So the petitioner is not entitled to grant of bail.
2. After considering the arguments of the learned counsel for the petitioner and the State counsel, I have found that the petitioner is not nominated in the F.I.R. And the sole evidence, which can possibly be adduced against the petitioner is that of the identification parade, which was objected.By the petitioner at the time of its commencement in clear words that he was shown in the police station to the informant. Prima facie, these circumstances and evidence connecting the accused with the commission of crime has created a doubtful atmosphere requiring its full- fledged probe and examination at the final trial stage. There is yet another aspect of the case, the petitioner who was arrested five days earlier to the identification parade, no plausible reason has been given out by the prosecution as to why they had kept five days after the arrest of the petitioner and had not got conducted earlier the accused's identification parade. No recovery having been made from the petitioner and no other evidence having been collected as against the petitioner. All these circumstances have attracted the application of benefit of doubt for the purpose of bail to be given at this bail stage, to the petitioner. As the petitioner's case has fallen within the further inquiry realm, therefore, the petitioner is granted bail after arrest in the sum of Rs.1,00,000 with two sureties in the like amount to the satisfaction of the learned trial Court.
Cited by 2 cases
- Syed Sajjad Ali vs The State 2022 MLD 1773
- SOHAIL vs The STATE 2014 P Cr. L J 1215