ALI AKBAR vs THE STATE
This matter concerns a petition for post-arrest bail filed by the accused, Ali Akbar, in connection with F.I.R. No. 194/2005, registered under sections 302, 109, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Syed Wala, District Nankana Sahib. The core legal question was whether the petitioner was entitled to bail given that he was declared innocent during multiple stages of the police investigation. The court noted that the petitioner was alleged to have fired at the deceased, but the investigation conducted by the police, including verification by the District Police Officer, the D.S.P. Saddar Nankana Sahib, and the S.P. Range Crime, consistently found the petitioner innocent. The court held that, in light of these findings, the case against the petitioner constituted a matter of further inquiry, necessitating a deeper probe into his guilt. Consequently, the court granted post-arrest bail, emphasizing that keeping the petitioner incarcerated served no useful purpose, particularly since the challan had already been submitted. The court ordered the petitioner to furnish bail bonds to the satisfaction of the trial court.
- Does a finding of innocence during the police investigation constitute grounds for the grant of post-arrest bail?
- When does a criminal case qualify as a matter of further inquiry for the purpose of granting bail?
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' SH. JAVAID SARFRAZ, J.---The petitioner Ali Akbar, seeks post-arrest bail in case bearing F.I.R.
No,194/2005, dated 11-7-2005, under sections 302/ 109/148/149 P.P.C., registered at Police Station Syed Wala, District Nankana Sahib.
2. Learned counsel for the petitioner submits that false and frivolous case has been registered against the present petitioner; that the alleged occurrence took place on 11-7-2005 at 8.00 p.m. In open field and thus it was a dark night occurrence; that no recovery has been effected from the petitioner, and he has been declared innocent during investigation SQ conducted by the police; that the District Police Officer also verified all the investigation and also found the petitioner as innocent,
3. Learned Deputy Prosecutor General has appeared on behalf of the State and submits that the accused was declared innocent by the D.S.P. Saddar Nankana Sahib and matter was referred to the. S.P. Range Crime, who also declared the present petitioner as innocent.
4. Arguments heard. Record perused.
5. The role attributed to the petitioner in the F.I.R. Is that he fired at the deceased, which hit him under his right shoulder. Altogether, nine accused have been nominated in the F.I.R., who took active part while co-accused Mian Khan and Allah Ditta have allegedly abetted this crime. During investigation the petitioner has been found innocent. In the light of above, a case of further enquiry has been made out requiring further probe into the guilt of the present petitioner, thus entitling him to the grant of bail. The petitioner is behind the bars since 3-1-2006. The challan has been submitted and no useful purpose shall be served by keeping him behind the bars.
6. For what has been discussed above, the petitioner is allowed post-arrest bail provided he furnishes bail bonds in the sum of Rs,2,00,000 with one surety in the like amount to the satisfaction of the' learned trial Court.