MUHAMMAD AKRAM DAR vs THE STATE
The petitioner sought post-arrest bail in case F.I.R. No. 70 registered under sections 17/22 of the Emigration Ordinance, 1979 at Police Station F.I.A., Passport Circle Gujranwala, having had a previous bail petition dismissed. The core legal question was whether the completion of the investigation resulting in a recommendation for the petitioner's discharge constitutes a fresh ground warranting the grant of post-arrest bail. The Lahore High Court held that the subsequent development wherein the Investigating Agency concluded the petitioner was innocent and recommended his discharge enures to his benefit. Consequently, the court allowed the petition and admitted the petitioner to post-arrest bail. The key principle laid down is that a favorable conclusion by the investigating agency recommending discharge constitutes a fresh ground that can form the basis for granting post-arrest bail in subsequent applications.
- Does a recommendation for discharge by the investigating agency constitute a fresh ground for post-arrest bail?
- Can a subsequent bail petition be entertained on a fresh ground after the dismissal of an earlier petition?
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
ORDER
' ASIF SAEED KHAN KHOSA, J.--- Through this petition Muhammad Akram Dar petitioner has sought post-arrest bail in case F.I.R. No,70 registered at Police Station F.I.A., Passport Circle Gujranwala on 18-8-2004 in respect of offences under sections 17/22 of the Emigration Ordinance, 1979.
2. Earlier the petitioner had approached this Court through Criminal Miscellaneous No,7276/B of 2004 seeking post-arrest bail in the same criminal case but that petition was dismissed by this Court vide order dated 9-12-2004. The present petition has now been filed before this Court on a fresh ground. According to the learned counsel for the petitioner the Investigating Agency has already concluded its investigation vis-a-vis the petitioner has now come to a definite conclusion that the allegation levelled against the petitioner in the F.I.R. Are false and baseless and resultantly a recommendation has already been made seeking discharge of the petitioner. This development as a fact has been accepted by the learned Standing Counsel for the Federation of Pakistan appearing on behalf of the Federal Investigation Agency as correct and, thus, he has not opposed the present petition.
3. As the petitioner has already been opined by the Investigating Agency to be innocent and a recommendation has already been made for seeking his discharge, therefore, this fresh development in this case surely enures to the benefit of the petitioner in the matter of bail. This petition is, thus, 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 one surety in the like amount to the satisfaction of the learned trial Court.