ZAHOOR AHMAD alias BHAWAL SHER and another vs STATE
This matter arises from a petition for pre-arrest bail in respect of FIR No. 280 dated 30.7.2005 registered under Sections 354, 148, 149 and 506 of the Pakistan Penal Code 1860 at Police Station Saddar Mian Channu. The core legal question revolves around whether the petitioners are entitled to pre-arrest bail when they were declared innocent in multiple police investigations, despite being found guilty in a subsequent investigation, and where co-accused with similar roles have been granted bail. The Lahore High Court held that the pre-arrest bail already granted to the petitioners should be confirmed. The key principles laid down include that where multiple investigations find the accused innocent and offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and where co-accused with a similar role have been granted relief, the accused are entitled to confirmation of pre-arrest bail.
- Can the High Court directly entertain a pre-arrest bail petition when the Sessions Court has already expressed its mind on the matter in a co-accused's case?
- Whether an accused is entitled to pre-arrest bail when declared innocent in multiple police investigations despite being implicated in a later one?
- Does the grant of bail to co-accused with a similar role entitle other co-accused to confirmation of pre-arrest bail?
- Are offences not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 considered favorably for pre-arrest bail?
- Section 354, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Submits that a false and frivolous case Bearing FIR No. 280/2005 dated 30.7.2005 u/Ss. 354, 148, 149 and 506 PPC has been registered at the Police Station Saddar Mian Channu, malafidely against the petitioner.
2. It is further contended that the petitioners have been found innocent in the four investigations conducted by (i)- Muhammad Ashraf, SI (ii) Saghir Hussain SI (iii) Kalbe Sajjad Inspector and finally by the DSP (Investigation) Mian Channu. All these Investigating Officers found that no such occurrence ever took place and cancellation report was prepared by them. In last investigation conducted by Muhammad Saleem Maan, DSP (Investigation) the petitioners were found guilty. it is also submitted that in order to protect the petitioners' honour and respect, they may be granted pre-arrest bail as the case has been registered malafidely and to bring bad name to them.
3. Learned counsel for the State assisted by the learned counsel for the complainant has vehemently opposed this bail petition.
4. Arguments have been heard. Record perused.
5. Admittedly the petitioners did 'not move before the learned Sessions Court for their pre-arrest bail for the reason that the learned Addl. Sessions Judge, Mian Channu has already expressed his mind while rejecting the pre-arrest bail applications of the co-accused having similar role. The High Court can entertain pre-arrest bail of the accused. Reliance is placed on the case of Muhammad Akbar Samoo and another v. The State (2000 P.Cr.L.J. 1473) and Abdul Hai Siddiqui and 2 others v. The State (1993 P.Cr.L.J. 446).
6. Khair Din, petitioner, is stated to be armed but did not cause any injury to the complainant/victim and relying on Abdul Raheem and others vs. The State (2003 YLR 545), the petitioners are entitled to bail. Even' otherwise the petitioners are also entitled to the concession of bail, as it is the question of liberty of the present petitioners. They were declared innocent during the three investigations and it was only in the last investigation that the petitioners have been found guilty and the offences do not fall within the prohibitory clause of Section 497 Cr.P.C. Grounds available to the petitioners at the time of post arrest bail can also be taken into consideration at this stage. Mst.
Zubaida Parveen vs. State (2004 M LD 1812) is relied upon. Post arrest bail has already been granted to the co-accused and the role of the present petitioners and the said co-accused is the same, therefore, the petitioners are entitled to the confirmation of bail before arrest. In this regard Gulsher vs. The State (2000 P.Cr.L.J. 1482) is referred.
7. Under the circumstances, the pre-arrest bail already granted to the petitioners is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court.