ABAN vs THE STATE
This matter comes before the Sindh High Court through a bail application filed by the applicant Aban in relation to Crime No. 11 of 2005 registered at Police Station Rukkan under sections 17/3 of the Offences Against Property (Enforcement of Hudood) Ordinance 1979 and sections 342, 452, 147, 148, 149, and 415 of the Pakistan Penal Code 1860. The core legal question concerns whether the applicant is entitled to post-arrest bail given that his name did not appear in the initial First Information Report and the subsequently substituted identification involves arguable circumstances. The Court held that the case calls for further inquiry into the guilt of the applicant, particularly noting the unexplained exoneration of originally nominated accused persons and the absence of an identification certificate for the alleged recovery. Consequently, the bail application was granted, laying down the principle that where material contradictions and questionable substitutions of accused persons exist in the police record, the case becomes one of further inquiry under the Code of Criminal Procedure 1898, favoring the grant of bail.
- Whether the omission of an accused's name in the initial First Information Report makes the case one of further inquiry?
- Is an accused entitled to bail when the recovered articles lack an identification certificate?
- Does the substitution of nominated accused persons through a subsequent statement under section 162 of the Code of Criminal Procedure 1898 warrant the grant of post-arrest bail?
- Section 162, Code of Criminal Procedure 1898
- Section 17/3, Offences Against Property (Enforcement of Hudood) Ordinance 1979
- Section 342, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 415, Pakistan Penal Code 1860
ORDER
' GULZAR AHMED, J.- 1. Dismissed as having become infructuous.
2. Granted.
3. Applicant Aban son of Arz Muhammad alias Arzi has filed this bail application in Crime No,11 of 2005 in an offence under section 17/3, H.O., 342, 452, 147, 148, 149 and 415, P.P.C. Police Station Rukkan.
' The applicant's bail application was dismissed vide order, dated 21-9-2005 by the learned 1st Additional Sessions Judge, Dadu. Learned counsel for the applicant has argued that the name of present applicant does not transpire in the F.I.R. And the persons nominated in the F.I.R. Have been let off by the police on the basis of complainant's further statement under section 162, Cr.P.C.
Recorded on 7-3-2005 where the complainant stated that he has implicated the nominated persons through mistake and implicated the present applicant. The incident is stated to have taken place in the night of 16-2-2005 in the house of complainant who has seen 8 accused persons in the bulb light and nominated 4 persons in F.I.R. Rest being unidentified. It appears that on 2-3-2005 the present applicant was arrested and on 5-3-2005 he was put to identification test where he was identified by the complainant. It is alleged that on 10-3-2005 recovery has also been made form the present applicant. No reason is given by the learned Assistant Advocate-General for letting off the four nominated accused in the F.I.R. And he says that the challan also does not contain any material. It is stated that though the recovery has been made from the applicant but the recovered articles have not been identified by the complainant as no such identification certificate is available in the police file. The only material against the present applicant is that of identification on 5-3-2005 i,e, after three days of his arrest. Wrongful involvement of the applicant cannot be rules out. The case, therefore, appears to be of further inquiry and the applicant is entitled to the grant of bail. The applicant is, therefore, directed to be released on bail on furnishing of surety in the sum of Rs,1,00,000 and P.R. Bond in the like amount to the satisfaction of trial Court.
This bail application in the above terms stands disposed of.