SAWAN alias KHALID vs THE STATE
This is a criminal bail application wherein the applicant, Sawan alias Khalid, sought post-arrest bail in crime No. 118/2006 registered at Police Station Tando Allahyar under sections 398, 401, and 34 of the Pakistan Penal Code 1860. The core legal question was whether the applicant was entitled to bail on the ground of further inquiry, given the contentions regarding false implication due to enmity with a local zamindar and discrepancies in the application of penal sections between the F.I.R. and the challan. The Sindh High Court held that the applicant had made out a case for further inquiry, particularly as the State counsel could not controvert the submissions regarding the questionable addition of section 398 after finding no previous record. Consequently, the court admitted the applicant to post-arrest bail upon furnishing solvent surety and a PR bond, laying down the principle that unexplained discrepancies in charging provisions combined with unrefuted claims of enmity can bring a case within the scope of further inquiry warranting the grant of bail.
- Whether discrepancies in the application of penal sections between the F.I.R. and the challan can make a case one of further inquiry for the purpose of bail?
- Can unrefuted contentions of false implication due to local enmity justify the grant of post-arrest bail?
- Is an accused found in possession of a pistol after an alleged botched stop entitled to bail when the State fails to controvert allegations of malafide framing?
- Section 398, Pakistan Penal Code 1860
- Section 401, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' SAJJAD ALI SHAH, J.---Through this application the applicant Sawan seeks bail in crime No 118/2006 of Police Station, Tando Allahyar under sections 398, 401 and 34, P.P.C.
2. ' The allegations against the applicant per F.I.R. Are that he along with two other persons duly armed at night time gave signal to a vehicle to stop, which transpired to be the vehicle of police.
3. Consequently the accused tried to run and ultimately was arrested and found in possession of a pistol.
4. ' Learned counsel for the applicant has contended that the present applicant has been roped due, to enmity with the local zamindar, which fact finds support from that the F.I.R. Was lodged under section 401, P.P.C. And after having found no previous record while filing challan section 398 P.P.C.
5. Was inserted.
6. ' Learned State Counsel is not able to controvert this position which makes the case of the applicant of further inquiry. The applicant, therefore, is admitted to bail upon furnishing solvent surety in the sum of Rs, one hundred thousand and PR bond in the like amount to the satisfaction of trial Court.