AYUB SHAHID vs THE STATE
This matter concerns a post-arrest bail application filed by the applicant, Ayub Shahid, who was charged under sections 147, 148, 149, 337-A(i), 353, and 392 of the Pakistan Penal Code 1860, following an alleged robbery incident. The core legal question was whether the applicant was entitled to the grant of bail pending trial, given the circumstances of his arrest and the nature of the allegations. The prosecution alleged the applicant was apprehended at the scene, while the defense argued the incident was a street fight falsely converted into a robbery case, noting that no recovery was made from the applicant and that co-accused had already been granted bail. The Court observed that the case against the applicant required further inquiry under section 497(2) of the Code of Criminal Procedure 1898. Consequently, the Court held that the applicant was entitled to bail, emphasizing that where the prosecution's case warrants further inquiry, the benefit of doubt at the bail stage should be extended to the accused, particularly when co-accused have already been granted relief.
- Does the absence of recovery from an accused person arrested at the scene warrant further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Can bail be granted to an accused when co-accused in the same case have already been granted bail by the trial court?
- Is a case of alleged robbery subject to further inquiry when the defense contends it was merely a street fight?
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 392, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
1. ' KHAWAJA NAVEED AHMED, J.---Messrs Imdad Khan and Khan Muhammad, Advocates for the applicant have moved this bail application on behalf of applicant Ayub Shahid aged about 54/55 years, who has been picked in case F.I.R. No,129 of 2008, under sections 147/148/ 149/337-A(i), 353/392, P.P.C., Police Station Mehmoodabad, on the complaint of Mumtaz son of Elahi Bux, lodged on 8-5-2008. The complainant had stated that 7/8 boys had stopped him on his way to his house and on the point of gun had snatched .From him Rs.5000 and Nokia Mobile Phone. He states that during scuffle the police party reached on the spot. All the boys ran away, only Ayub Shahid was arrested from the spot. The learned counsel for the applicant states that entire story is false. The present applicant is aged 54/55 years and he is ex-Councillor of the area on minority seat. It is a case of street fight which has been converted into robbery. The learned Additional Prosecutor- General Mr. Saleem Alhtar, after perusing the police papers has stated that no recovery has been made from the present applicant though it is alleged that he was arrested from the spot. He has further stated that the complainant has marks of violence on his body and there is medico-legal certificate. The learned State Counsel states that this is a case of street fight but since the offences were not cognizable by police therefore, there is possibility that sections 392 and 353 have been added in the F.I.R. In order to make the case cognizable. Learned counsel for the applicant states that section 353, P.P.C. Has been applied in F.I.R. By a private complainant who is not competent under law to add this section for personal grievance.
2. ' I have heard both the learned counsel and perused the impugned order, F.I.R. As well as police papers. The co-accused in this case Stephen and Anil Ayub, have already been granted bail by the trial Court. I find substance in the arguments advanced by the learned counsel A at bar, the case of prosecution at this stage requires further inquiry under section 497(2), Cr.P.C. And pending such inquiry, I grant bail to the applicant upon his furnishing surety in the sum of Rs.25,000 and P.R. Bond in the like, amount to the satisfaction of the trial Court.