EHSAN-UL-HAQ vs THE STATE and 2 others
The petitioner sought post-arrest bail in a criminal case arising from F.I.R. No. 13 registered under sections 302 and 436 of the Pakistan Penal Code 1860 at Police Station Ghazi Abad, District Sahiwal. The core legal question was whether the petitioner was entitled to post-arrest bail when the investigation showed only allegations of purchasing petrol and recovering a matchbox, with no eyewitnesses to him setting fire to the house, making his case one of further inquiry. The Lahore High Court held that the petitioner made out a case for bail as the evidence against him was deficient and fell within the scope of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898. The petition was accepted, and the petitioner was admitted to bail subject to furnishing appropriate bail bonds, establishing the principle that tentative assessment of deficient evidence pointing to further inquiry warrants the grant of post-arrest bail.
- Whether post-arrest bail can be granted when the available evidence against the accused is deficient and requires further inquiry?
- Does the purchase of petrol and recovery of a matchbox without eyewitness testimony to the actual crime warrant withholding post-arrest bail?
- Section 302, Pakistan Penal Code 1860
- Section 436, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' MUHAMMAD AKRAM QURESHI, J.--- The petitioner seeks post-arrest bail in case F.I.R. No, 13 dated 4- 2-2008 registered under sections 302/436, P.P.C. 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 witnessed the present petitioner putting the house on fire. The petitioner is the complainant of the F.I.R. 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 subsection (2) of section 497, A 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 case 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 B 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.