EHSAN-UL-HAQ vs STATE and 2 others
This matter arises from a petition for post-arrest bail filed by the petitioner in case FIR No. 13 dated 4.2.2008 registered under Sections 302 and 436 of the Pakistan Penal Code 1860 at Police Station Ghazi Abad, District Sahiwal. The core legal question concerns whether the petitioner, accused of purchasing petrol and possessing a matchbox used in setting a house on fire, is entitled to post-arrest bail when no eyewitness connects him to the actual arson and he is himself the complainant in a counter-matter. The Lahore High Court held that the case against the petitioner falls within the scope of further inquiry under sub-section (2) of Section 497 of the Code of Criminal Procedure 1898, as the evidence on record is deficient and his guilt or innocence is subject to determination at trial. Consequently, the petition was accepted, and the petitioner was admitted to post-arrest bail subject to furnishing appropriate security bonds.
- Whether an accused is entitled to post-arrest bail when no eyewitnesses implicate him in the actual commission of the offense?
- Does a case fall within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 when the available evidence against the accused is deficient?
- Whether the purchase of petrol and recovery of a matchbox without corroborative eyewitness account of setting a house on fire warrants withholding of bail?
- Section 302, Pakistan Penal Code 1860
- Section 436, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
The petitioner seeks post arrest bail in case FIR No, 13 dated 4.2.2008 registered under Sections 302/436 PPC at Police Station Ghazi Abad, District Sahiwal.
2. It has been intimated by the Learned counsel for the State that the allegation against the petitioner is that he purchased the petrol to sprinkled the house. He also submits that a matchbox was also recovered from him. During investigation no evidence was brought indicating that anyone witness the present petitioner putting the house on fire. The petitioner is the complainant of the FIR lodged against other accused. He has been involved in this case due to ulterior motive of the police and his enemies.' The deficient evident is available on record against him. His case is that of further inquiry falling within the area of sub-section (2) of Section 497 Cr.P.C. The guilt or innocence of the petitioner would be determined by the learned trial Court at the time of trial. At present, the petitioner has made out his for the grant of post arrest bail.
3. Resultantly, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (Rupees Two Lacs) only) with one surety in the like amount to the satisfaction of learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.