MUHAMMAD SALEEM alias KADDA vs THE STATE and another
This matter arises from a petition for post-arrest bail filed by Muhammad Saleem alias Kadda in relation to case F.I.R. No. 438 registered at Police Station Saddar Burewala, District Vehari, under sections 365-B and 376 of the Pakistan Penal Code 1860, concerning allegations of abduction and Zina. The core legal question revolves around whether the petitioner was entitled to post-arrest bail in light of an unexplained delay in lodging the F.I.R., his declaration of innocence during police investigation, the verification of a Nikah Nama between the co-accused and the complainant, and the fact that the alleged abductee was not recovered from the petitioner's custody. The Lahore High Court held that these factors collectively establish a case for further inquiry into the petitioner's guilt. Consequently, the court allowed the petition and admitted the petitioner to post-arrest bail subject to furnishing appropriate security bonds, thereby reinforcing the principle that tentative assessment of material pointing toward further inquiry warrants pre-trial liberty.
- Does an unexplained delay of twenty-six days in lodging the F.I.R. create sufficient doubt to warrant post-arrest bail?
- Whether being declared innocent during the police investigation entitles an accused to the concession of bail?
- Does the non-recovery of the alleged abductee from the physical custody of the accused form a valid ground for further probe under criminal jurisprudence?
- Section 365-B, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
ORDER
'MALIK SAEED EJAZ, J.---Muhammad Saleem alias Kadda/petitioner seeks post-arrest bail in case F.I.R. No,438, registered at Police. Station Saddar Burewala, District Vehari, on 10-10-2008, for offences under sections 365-B/376, P. P . C .
2. Allegation against the petitioner is that he along with co-accused forcibly abducted Mst.
Bashiran Bibi for the purpose of commission of Zina.
3. Learned counsel for the petitioner submits that Mst. Bashiran/complainant had illicit relations with Nadeem Abbas co-accused, with whom she contracted marriage out of her free will vide Nikah Nama dated 16-9-2008; that the petitioner has been declared innocent during investigation; and that there is a delay of 26 days in lodging the F.I.R. Which by itself creates doubt in the prosecution case.
4, On the other side neither the DPG nor complainant is present.
5. Heard and record perused.
6. It is admitted fact that there is unexplained delay of 26 days in lodging the F.I.R. The A.S.-I. Present in Court along with record, verified that the petitioner has been declared innocent during investigation and that Nikah between Nadeem Abbas and Mst. Bashiran has been found, correct. It is also admitted fact that alleged abductee was not recovered from the petitioner and she herself appeared to lodge the F.I.R. All these facts create doubts regarding the involvement of the petitioner in the commission of offence During investigation Nikah of the alleged abductee with Nadeem Abbas co-accused has been found correct. In these circumstances, case'of the petitioner needs further probe.
7. Consequently, I allow this petition and admit the petitioner to bail, on his furnishing bail bonds in the sum of Rupees Two Lacs Rs,2,00,000 with one surety, in the like amount, to the satisfaction of the trial Court.
Cited by 1 case
- SHAHBAZ AHMED vs THE STATE and another 2011 P Cr. L J 943