REHMAT alias RAHMANI and another vs THE STATE
The petitioners sought post-arrest bail in a case registered under sections 457, 380, and 411 of the Pakistan Penal Code 1860, concerning an alleged theft from a grocery shop. The core legal question was whether the petitioners were entitled to post-arrest bail considering the circumstances of the case, including a two-day delay in lodging the First Information Report, reliance on a suspicious joint extra-judicial confession, the period already spent in incarceration, the lack of previous criminal history, and the unlikely prospect of an early trial. The Lahore High Court allowed the bail application, holding that the petitioners made out a case for further inquiry under the facts and circumstances. The key principle laid down is that where a case rests on weak evidence such as a suspicious joint extra-judicial confession, coupled with delayed reporting and no risk of abscondence or tampering, post-arrest bail should be granted.
- Whether post-arrest bail can be granted when the F.I.R. is lodged with a delay and the case relies on a joint extra-judicial confession?
- Does the absence of previous criminal history and lack of apprehension of early trial justify granting bail?
- Whether petitioners are entitled to bail under sections 457, 380, and 411 of the Pakistan Penal Code 1860 when further inquiry is warranted?
- Section 457, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
ORDER
' NAZIR AHMAD SIDDIQUI, J.--- The petitioners seek post-arrest bail in case F.I.R. No,21, registered with Police Station Saddar, Layyah on 30-1-2006 for an offence under sections 457/380/411, P . P. C .
2. It is stated in the F.I.R. That in the morning on 28-1-2006 when the complainant opened his grocery shop he found various articles worth Rs,15,000 and cash Rs,5,000 missing. On suspicion petitioners were asked who had confessed their participation in the occurrence and promised to return the stolen articles but did not do so, therefore, necessity arose to get the case registered against them.
3. Arguments heard. Record perused.
4. There is a delay of two days in lodging the F.I.R.; that the petitioners who were involved in the matter on suspicion had been challaned mainly on the ground that they had made extra-judicial confession before the P. Ws. A perusal of the same shows that despite being joint confessional statement the same is a ditto copy of F.I.R.; that the petitioners are behind the bars for the last two months and they do not have a previous history of involvement in such-like cases; that there is no likelihood of early commencement of trial in the near future and they are no more required for the purpose of investigation.
5. For what has been stated above, the instant bail application is allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with two sureties each in the like amount to the satisfaction of the learned trial Court.