SHAHID HUSSAIN alias MULTANI vs THE STATE and others
This criminal petition, later converted into an appeal, was filed by Shahid Hussain alias Multani challenging an order of the Lahore High Court whereby post-arrest bail was refused to him in a case registered under sections 302, 392, 411, and 34 of the Pakistan Penal Code. The core legal question before the Supreme Court was whether the petitioner was entitled to post-arrest bail in light of the delayed supplementary statement, absence of test identification parade, questionable evidentiary value of joint extra-judicial confessions and joint recoveries, and the principle of consistency arising from bail granted to a similarly placed co-accused. The Supreme Court held that the case against the petitioner called for further inquiry into his guilt under subsection (2) of section 497 of the Code of Criminal Procedure. The Court laid down the principle that delayed nomination without disclosure of source, weak evidentiary value of joint confessions and recoveries, and parity of treatment with a co-accused who has already been admitted to bail constitute grounds for granting post-arrest bail under the purview of further inquiry.
- Whether post-arrest bail can be granted when the accused is not nominated in the FIR and is named belatedly through a supplementary statement without disclosing the source of information?
- What is the evidentiary worth of joint extra-judicial confessions and joint recoveries at the bail stage?
- Does the grant of bail to a co-accused with a similar role entitle another accused to bail on the ground of consistency?
- Section 302, Pakistan Penal Code 1860
- Section 392, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' ASIF SAEED KHAN KHOSA, J.---Through this petition Shahid Hussain alias Multani petitioner has called in question the order dated 26-1-2011 passed by the honourable Chief Justice of the Lahore High Court, Lahore in Criminal Miscellaneous No, 605-B of 2011 whereby post-arrest bail was refused to the petitioner in case F.I.R. No,25.8 registered at Police Station Khurrianwala, District Faisalabad on 10-4-2010 in respect of offences under sections 302/392/ 411/34, P.P.C.
2. After hearing the learned counsel for the parties and going through the relevant record of this case with their assistance we have observed that occurrence in this case had taken place during a night and the same had remained unwitnessed. The petitioner had not been nominated in the F.I.R.
In any capacity whatsoever and his name had surfaced in this case for the first time through a supplementary statement made by the complainant on 20-5-2010, i,e, almost a month and a half after the alleged occurrence. A perusal of that supplementary statement made by the complainant shows that no source of information regarding, the petitioner's involvement in the alleged occurrence had been disclosed or divulged therein by the complainant. It is admitted at all hands that no test identification parade has been held in this case. The prosecution has se far relied upon an extra-judicial confession allegedly made by the petitioner and his co-accused before three witnesses and also upon some recoveries allegedly effected from the possession of the petitioner and his co-accused. The learned Additional Prosecutor-General, Punjab appearing for the State has, however, remained unable to contradict that the alleged extra-judicial confession is a joint confession and even the alleged recoveries are joint recoveries and, thus, their evidentiary worth may be next to nothing. The learned counsel for the petitioner has drawn our attention towards the fact that a co-accused of the petitioner namely Jawad Ahmad, attributed a role similar to that ascribed to the petitioner, has already been admitted to post-arrest bail by the Lahore High Court, Lahore vide order dated 16-11-2010 passed, in Criminal Miscellaneous No, 12755- B of 2010. For the reasons recorded above we have felt sanguine that the case against the petitioner calls for further A inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C.
3. For what has been discussed above the delay in filing of this petition is condoned, this petition is converted into an appeal and the same is allowed and, resultantly, Shahid Hussain alias Multani petitioner is admitted to post-arrest 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.
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- MUREED HUSSAIN vs STATE PLJ 2019 Cr.C. 1472