GULZAR UNAR vs THE STATE
This matter concerns a bail application filed by the applicant, Gulzar Unar, who was charged in Crime No. 74 of 2005 at Police Station Malir Cantt for the alleged robbery of five cows. The core legal question was whether the applicant was entitled to post-arrest bail given the circumstances of the case. The applicant contended that the First Information Report (F.I.R.) was delayed by over two months and that the recovery of the stolen property (three cows) was not made from his exclusive possession. The State counsel opposed the bail but could not controvert these factual assertions. The Court held that, in light of the unexplained delay in lodging the F.I.R. and the lack of evidence establishing exclusive possession of the recovered property, the case against the applicant required further enquiry. Consequently, the Court admitted the applicant to bail, subject to the furnishing of a surety bond of Rs. 1,00,000 and a personal recognizance bond in the like amount to the satisfaction of the trial court.
- Does an unexplained delay in lodging an F.I.R. constitute grounds for further enquiry in a bail application?
- Is the recovery of stolen property from a place not in the exclusive possession of the accused a valid ground for granting bail?
ORDER
1. ' MUHAMMAD MOOSA K. LEGHARI, J.---The applicant along with co-accused persons is involved in Crime No.74 of 2005 registered at Police Station, Malir Cantt. On the complaint of Ali Teepu for allegedly committing robbery of five cows from his Bara on 12-8-2005.
2. It ' is contended that F.I.R. Was delayed by more than two months and that the applicant has been falsely implicated, there is no evidence against the applicant to connect him with commission of crime as the alleged recovery of three cows was not made from his exclusive possession.
3. ' Learned State counsel has opposed grant of bail but has not been able to controvert that the F.I.R.
4. Was delayed and that the recovery of cows was made from a place which was not in exclusive possession of the applicant.
5. ' In view of above position, case of the applicant calls for further enquiry. The applicant is accordingly directed to be enlarged on bail subject to furnishing surety in the sum of Rs.1,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.