SAEED AHMAD vs THE STATE and others
This matter arises from a petition for leave to appeal directed against an order of the Lahore High Court refusing post-arrest bail to the petitioner in a criminal case involving murder and related offences. The core legal question is whether the petitioner, who was abroad at the time of the crime and implicated through an alleged extra-judicial police confession and a cash recovery, is entitled to post-arrest bail. The Supreme Court converted the petition into an appeal and allowed it, holding that the petitioner's case falls within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, given that police confessions are legally inadmissible and the investigation has already been finalized. The key principle laid down is that a confession made by an accused person while in police custody is inadmissible in evidence, and where the primary incriminating material against an accused consists of such an inadmissible confession and unnecessary continued custody is not required, bail ought to be granted as a matter of further inquiry.
- Is a confession made by an accused person before the police in its custody admissible in evidence?
- Whether an accused person is entitled to post-arrest bail when the primary evidence against him consists of an inadmissible police confession and the investigation is complete?
- When does a criminal case fall within the purview of further inquiry into guilt under subsection (2) of section 497 of the Code of Criminal Procedure 1898?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' ASIF SAEED KHAN KHOSA, J.---Through this petition Saeed Ahmad petitioner has sought leave to appeal against the order dated 28-4-201.1 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No, 2233-B of 2011 whereby post-arrest bail was refused to the petitioner in case F.I.R. No,1347 registered at Police Station City A-Division, Sheikhupura on 14-12-2010 in respect of offences under sections 302/324/34/109, P.P.C.
2. We have heard the learned counsel for the petitioner and the learned Additional Prosecutor- General, Punjab appearing for the State and have gone through the record of this case with their assistance.
3. The petitioner happens to be the husband of Mst. Shahida Saeed deceased and it is admitted at all hands that at the time of the deceased's murder the petitioner was physically present in Canada. According to the prosecution the petitioner had hatched a conspiracy and had provided abetment to his co-accused for the murder of his wife and upon our repeated queries the learned Additional Prosecutor-General, Punjab appearing for the State has divulged that the only pieces of evidence so far available against the petitioner are in the shape of a confession allegedly made by him before the police during his custody and recovery of some money from his possession. It is settled law that a confession made by an accused person before the police in its custody is inadmissible in evidence. There is nothing available on the record to connect the recovered cash with the alleged offences. The investigation of this case has already been finalized and a Challan has been submitted before the learned trial Court and, thus, physical custody of the petitioner is not required at this stage for the purposes of investigation. In these circumstances the case against the petitioner has been found by us to be a case of further inquiry into his guilt within the purview of subsection (2) of section 497; Cr.P.C.
4. For what has been discussed above this petition is .Converted into an appeal and the same is allowed and, resultantly, the petitioner is ti admitted to bail subject to furnishing bail bond in the sum of Rs,1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.
Cited by 3 cases
- Rehmatullah and others vs The State 2024 SCP 268, 2024 SCMR 1782, PLJ 2024 SC (Cr.C.) 345
- Gul Nazir vs Riasat alias Saeen and 6 others 2022 MLD 13, 2022 KLR Criminal Cases 292
- AKHTAR ZAMAN Versus State 2018 YLRN 149