QASID ABBAS vs THE STATE
This matter arises from a petition for post-arrest bail filed by Qasid Abbas in connection with F.I.R. No. 486 dated 7-10-2004 registered under sections 420, 337-J and 381-A of the Pakistan Penal Code 1860 at Police Station Garden Town, Lahore. The core legal question concerns whether the petitioner's identification at the police station nearly a year after the incident, coupled with the recovery of a spare tyre and jack, constitutes sufficient grounds to withhold post-arrest bail. The Lahore High Court held that the petitioner was not named in the F.I.R., the identification parade or process at the police station was of no legal consequence, and the investigating officer failed to collect sufficient evidence establishing the petitioner's identity. Consequently, the court ruled the case fit for further probe and inquiry. The key principle laid down is that where an accused is not named in the F.I.R. and subsequent identification lacks legal consequence without sufficient corroborative evidence, the case warrants the grant of post-arrest bail for further inquiry.
- Whether the identification of an accused at a police station long after the occurrence has legal consequence?
- Does the absence of the accused's name in the F.I.R. and lack of sufficient evidence warrant further inquiry for the grant of bail?
- When is a case considered fit for further probe and inquiry under criminal jurisprudence for the purpose of bail?
- Section 420, Pakistan Penal Code 1860
- Section 337-J, Pakistan Penal Code 1860
- Section 381-A, Pakistan Penal Code 1860
ORDER
' M. A. SHAHID SIDDIQUI, Qasid Abbas petitioner has sought post-arrest bail in a case under sections 420, 337-J and 381-A, P.P.C. Registered at Police Station Garden Town, Lahore vide F. I. R. No .486 dated 7-10-2004.
2. As per F.I.R., Muhammad Afzal complainant, a taxi driver, was present at Taxi Stand, Sargodha on the night between 6/7th October, 2004 when two persons came to him and hired his taxi for Lahore.
They disclosed their names as Major Saeed Ahmad and Abid Hussain. They came to Lahore and took the taxi to Barkat Market, Garden Town, Lahore where Abid Hussain offered some drink to Muhammad Afzal complainant, who after taking the same became unconscious. When the complainant regained his senses, he found his car missing. He reported the matter to the police.
Almost one year after the occurrence a case was registered vide F.I.R. No,185 of 2005 at Police Station Garden Town, Lahore. The petitioner while in custody in this case was identified by Muhammad Afzal complainant at the police station. The police recovered a stepeny and jack at the instance of the petitioner.
3. I have heard the learned counsel for the petitioner and have gone through the record. The petitioner is not named in the F.I.R. The identification of the petitioner by the complainant at the police station is of no legal consequence. The Investigating Officer has not collected sufficient evidence to establish the identity of the petitioner. I consider it a fit case for further probe and inquiry, therefore, the petitioner is ordered to be released on bail, subject to furnishing bail bond in the sum of Rs,50,000 (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the Illaqa/Duty Magistrate.
Cited by 1 case
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