SHABBIR AHMAD vs THE STATE
This matter arises from a petition for post-arrest bail filed by Shabbir Ahmad in connection with F.I.R. No. 241 registered under Section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, and Section 411 of the Pakistan Penal Code 1860 at Police Station Donga Bonga. The core legal question concerns whether the petitioner was entitled to post-arrest bail given the circumstances of the case, including delay in reporting, lack of medical evidence, and unverified identity at the time of the occurrence. The Lahore High Court accepted the petition and admitted the petitioner to post-arrest bail, holding that the unexplained delay of 23 days in reporting the matter, the absence of medical evidence to support the allegation of injuries caused by a dagger, the initial non-identification of the accused, and the submission of an incomplete challan collectively made out a case for further inquiry under the law.
- Whether unexplained delay in lodging the F.I.R. can be a ground for grant of post-arrest bail?
- Does the absence of medical evidence supporting alleged injuries justify the release of an accused on bail?
- Whether post-arrest bail can be granted when an incomplete challan has been submitted and investigation is ongoing?
- Section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance 1979
- Section 411, Pakistan Penal Code 1860
ORDER
' MUHAMMAD FARRUKH MAHMUD, J.--- Shabbir Ahmad petitioner has sought post-arrest bail in case F.I.R. No,241, registered at Police Station Donga Bonga, on 19-8-2004, for offence under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, read with section 411, P.P.C.
2. According to F.I.R., four persons including the petitioner committed dacoity in the house of the complainant during the night in between 26/27-7-2004. It was also stated in the F.I.R. That the accused caused injuries to the complainant with dagger, slaps and fists blows.
3. The petitioner was arrested on 17-9-2004, while in custody he allegedly led to the recovery of Rs,5,000 cash.
4. I have heard the learned counsel for the parties and gone through the record of the case. It has been noticed that the matter was reported to the to the police after a delay of 23 days, no medical evidence is available on record to substantiate the allegation of the complainant that he was caused injuries by the accused with dagger during occurrence, admittedly the accused were not known to the complainant at the time of occurrence and they had been named in the F.I.R. After receipt of information, and so far only incomplete challan has been submitted before the learned trial Court and one of the accused is yet to be arrested. In the above noted circumstances, I am inclined to admit the petitioner to bail, subject to his tendering bail bonds in the sum of Rupees fifty thousand, with one surety, in the like amount, to the satisfaction of the trial Court.