REHANA BIBI vs THE STATE
This criminal petition arises out of an application for post-arrest bail filed by Rehana Bibi against the State. The core legal question before the Lahore High Court was whether the petitioner was entitled to the concession of bail in a case involving the recovery of a dead body upon her pointation and the recovery of the deceased's mobile phone from her possession, falling within the prohibitory clause of section 497(1) of the Code of Criminal Procedure 1898. The court held that since the evidence collected by the investigating officer indicated the recovery of the dead body from a jungle on her pointation along with the deceased's mobile phone, and considering that the trial had commenced and charges had been framed, the offence fell within the prohibitory clause of section 497(1), Cr.P.C. Consequently, the court ruled that no case for bail was made out and dismissed the petition. The key principle laid down is that where incriminating evidence such as the recovery of a dead body and a victim's property connects an accused to an offence falling within the prohibitory clause during an ongoing trial, post-arrest bail is rightly refused.
- Whether an accused is entitled to post-arrest bail when a dead body is recovered on her pointation?
- Does an offence involving the recovery of stolen property and a dead body fall within the prohibitory clause of section 497(1) of the Code of Criminal Procedure 1898?
- Is bail to be refused when the trial has already commenced and the charge has been framed against the accused?
- Section 411, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
ORDER
' KH. MUHAMMAD SHARIF CJ.---It is contended by learned counsel for the petitioner that at the most section 411, PPC is made out which does not fall within the prohibitory clause of section 497(1), Cr.P..C. And she is entitled to bail; that she is behind the bars for the last 31/2 months; that she is mother of six children; that recovery has been planted upon her.
2. On the other hand learned DPG assisted by learned counsel for the complainant submits that mobile phone was recovered from her; that dead-body was recovered on the pointation of the petitioner and she is not entitled to bail.
3. I have heard learned counsel for the parties. I have gone through the FIR, post-mortem report and especially the impugned order. The evidence collected by the Investigating Officer is that she got recovered the dead-body of the deceased from jungle. Mobile phone of the deceased was recovered from her. Trial has started and the charge has been framed. Offence falls within the prohibitory clause of section 497(1), Cr.P.C. No case for bail is made out. This petition stands dismissed.