PERVEZ and 4 others vs THE STATE
This matter concerns a bail application filed by five applicants seeking confirmation of interim pre-arrest bail in a case involving an alleged abduction for ransom. The prosecution alleged that the applicants intercepted the complainant and his companions, abducted one individual, and demanded a ransom. Conversely, the defense contended that the F.I.R. was lodged with an unexplained 12-day delay and was a mala fide counter-blast by police officials. The defense highlighted that the applicants had previously filed a petition against their illegal detention by the same police station, which resulted in judicial intervention and subsequent registration of multiple F.I.Rs against the police. Furthermore, the defense argued that the abductee was recovered from a different individual, and the applicants' names were added to the case with malicious intent. The Court observed that the circumstances, particularly the prima facie malicious acts of the police and the existence of a counter-case, necessitated further inquiry. Consequently, the Court confirmed the interim pre-arrest bail, holding that the case required deeper investigation into the veracity of the prosecution's allegations versus the defense's claims of victimization.
- Does an unexplained delay in lodging an F.I.R. constitute grounds for further inquiry in a bail application?
- Can a case involving allegations of mala fide police action and a counter-case warrant the confirmation of pre-arrest bail?
- Is the confirmation of pre-arrest bail appropriate when the prosecution's case requires further inquiry into the actual involvement of the accused?
- Section 365-A, Pakistan Penal Code 1860
ORDER
1. ' Case of prosecution is that on 4-8-2007 when complainant along with his brother Jawed Ahmed and one of his relative Kashif Ali, was going on motorcycle. In the way, they were intercepted by present applicants along with other persons named in the F.I.R. And have taken all the three in their custody. Subsequently, after keeping Jawed Ali with them, the culprits released complainant as well as Kashif Ali with the direction to meet one Jamaluddin residing at Mehro Wahan and to pay amount of Rs.10,00,000/- as ransom amount for release of Jawed Ali.
2. ' According to complainant, first they tried to search the abductee at their own but when could not succeed, the matter was reported at Police Station Sobhodero on 16-8-2007.
3. ' It is contended by learned counsel that there is clear delay of about 12 days in lodging of F.I.R. With no satisfactory explanation. It is argued that these applicants have been falsely implicated in the matter at the behest of Police officials against whom Cr.M.A. Bearing No,144/2007 was filed by one Nisar Ahmed who is relative of these applicants against their illegal detention by the Police officials of P.S. Sobhodero. Referring to an order of 16-8-2007 in Criminal Miscellaneous Appeal No,144 of 2007, it is contended that in compliance of that order, the raid was conducted at Police Station Sobhodero and as per report of Commissioner about 13 persons were found in illegal detention at Police Station Sobhodero including applicants Nos.1 and 5. Because of that illegal detention by order dated 28-8-2007, Additional Attorney-General was directed to register the F.I.R. Against the persons responsible for that illegal detention if any cognizable offence is made out. In compliance of that order vide report dated 5-9-2007, about 21 F.I.Rs. Were registered against Police officials. It is contended that as a counter blast to the action against Police officials under order of Court, on the very day when petition was filed by Nisar Ahmed with mala fide intention F.I.R. Under Crime No,123/2007 was registered implicating these applicants along with other persons as culprits under section 365-A, P.P.C. Referring to another F, I.R. Registered under Crime No,5/2007, learned counsel has further pointed out that in raid conducted on 7-9-2007, this abductee Jawed Ali was recovered from Ghulam Rasool Kalhoro but with mala fide intention names of some of the applicants have been added as culprits in that F.I.R. Also which reflect from the fact that even after recovery of abductee of 7-9-2007 after a delay of about 24 days statement of Jawed Ali was recorded with the addition of names of these applicants as accused.
4. ' In the circumstances of the case highlighted by learned counsel for applicants wherein prima facie malicious acts of Police officials are appearing, learned A.-A.G. Has no objection for the confirmation of interim bail granted to these applicants on 23-2-2009.
5. ' The fact that whether Jawed Ali was actually abducted by these applicants and was recovered from their possession on 7-9-2007. In view of counter case filed by relative of applicant and order passed therein requires further inquiry. Challan has been submitted in the above matter, interim pre arrest bail granted on 23-2-2009 is hereby confirmed on the same terms and conditions.