Iqbal Hussain Iqbal vs The State And Another
The petitioner sought pre-arrest bail in case F.I.R. No. 61 registered under Section 16 of the Maintenance of Public Order Ordinance, 1960. The core legal question was whether the petitioner was entitled to confirmation of pre-arrest bail where the police failed to collect incriminating evidence against him and jurisdictional discrepancies existed regarding the place of occurrence and registration of the case. The Lahore High Court held that since the police could not collect evidence supporting the allegations and holding a convention did not constitute an offence, alongside the discrepancy in the location of the alleged occurrence versus the place of F.I.R. registration, the interim pre-arrest bail was confirmed. The key principle laid down is that pre-arrest bail will be confirmed when the prosecution fails to collect supporting evidence and jurisdictional anomalies or lack of an offence are apparent.
- Whether pre-arrest bail can be confirmed when the police fail to collect evidence supporting the allegations in the F.I.R.?
- Does holding a convention constitute an offence under Section 16 of the Maintenance of Public Order Ordinance?
- What is the effect on a criminal case when the alleged occurrence takes place in a different location than the place of F.I.R. registration?
- Section 16, Maintenance of Public Order Ordinance 1960
ORDER
SYED SHAHEEN MASUD RIZVI, J. -The petitioner has sought pre-arrest bail in case F.I.R. No. 61, dated 25.1.2009 registered under Section 16, M.P.O. At Police Station City, Sadiqabad, District Rahimyar Khan.
2. Arguments heard and record perused.
3. The perusal of the police file reveals that the police has not been able to collect the evidence against the petitioner as to the allegation levelled against him in the F.I.R. Moreover, to hold a convention is not an offence and that the alleged occurrence is stated to have taken place at Old C.M.H. Chowk, Bahawalpur whereas F.I.R. Was got registered at Police Station City, Sadiqabad, District Rahimyar Khan. Thus, the interim pre-arrest bail already granted to the petitioner vide order dated 27.1.2009 is hereby confirmed subject to his furnishing fresh bail bond in the sum of Rs.
30,000/- (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court.