MUHAMMAD RAMZAN alias PIYA vs THE STATE and another
This matter comes before the Lahore High Court through a post-arrest bail petition filed under Section 497 of the Code of Criminal Procedure 1898 in respect of F.I.R. No. 211 dated 2 May 2008 registered under Sections 420, 419, 468, and 471 of the Pakistan Penal Code 1860 at Police Station City Layyah. The core legal question concerns whether the petitioner is entitled to post-arrest bail given the nature of the allegations regarding forged motorcycle registration books, the duration of his incarceration, the completion of investigation with submission of the challan, the non-commencement of the trial, and the fact that a co-accused had already been released on bail. The court held that the petitioner has made out a case for the grant of bail. The key principle laid down is that where an accused has been in judicial custody for a considerable period, the investigation is complete with the challan submitted, the trial has not yet commenced, and a co-accused has already been admitted to bail, further incarceration is not warranted, justifying the release of the accused on post-arrest bail.
- Whether an accused is entitled to post-arrest bail when the challan has been submitted but the trial has not yet commenced?
- Does the release of a co-accused on bail provide a ground for granting bail to another accused under the rule of consistency?
- Can post-arrest bail be granted under Section 497 of the Code of Criminal Procedure 1898 when the accused is no longer required for the purpose of investigation?
- Section 497, Code of Criminal Procedure 1898
- Section 420, Pakistan Penal Code 1860
- Section 419, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
'ZAFAR IQBAL CHAUDHRY, J.-- Through this petition under section 497, Cr .P .C., Muhammad Ramzan alias Piya petitioner seeks bail after arrest in case F.I.R. No,211, dated 2-5-2008, registered under sections 420/419/468/471, P.P.C. At Police Station City Layyah.
2. Brief allegation against the petitioner as per contents of F.I.R. Is that he along with his co-accused used to prepare forged and bogus registration books of motorcycles and he also got recovered blank books and stamps which were being used by them for preparation of registration books.
3. Learned counsel for the petitioner contends that the petitioner has been involved falsely in this case on account of mala fide of the local police; that nothing was recovered from his custody and all the recoveries have been planted upon the petitioner just to strengthen the prosecution case; that the petitioner is in judicial lock up for the last more than seven months and is not required for the purpose of investigation; that challan has been submitted in the Court but the trial has not started as yet.
4. On the other hand learned Deputy Prosecutor General opposes the bail application on the ground that the petitioner is named in the F.I.R. That he has committed the heinous offence by way of preparation of forged documents of motorcycles and during the investigation sufficient material connecting the petitioner with the offence has been recovered from his custody and in such like circumstances he is not entitled to the concession of bail.
'I have heard the learned counsel for the parties and also perused the record with due care and caution.
6. Perusal of the record shows that the petitioner was involved in a business regarding preparation of registration books of the motorcycles etc. And nine stamps along with two motorcycles were recovered from the possession of the petitioner which was stolen property and were not owned by the petitioner and the above-said property has been returned by way of superdari to the owners.
The petitioner is in judicial lock up for the last more than 7 months and challan has been submitted against him and the co-accused of the petitioner has already been released on bail. The petitioner is not required for the purpose of investigation and trial against him has also not started as yet. In view of the above circumstances, this application is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,5,00,000 (Rupees five lac only) with two sureties each in the like amount to the satisfaction of the learned trial Court.