OMAIR alias OMAIRI vs STATE and another
This criminal petition arises out of an application for post-arrest bail in case FIR No. 1028 registered under Sections 392 and 411 of the Pakistan Penal Code 1860 at Police Station Baghbanpura, District Gujranwala. The core legal question is whether the petitioner is entitled to post-arrest bail given the circumstances of his nomination and alleged recovery. The Lahore High Court held that the petitioner's case calls for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, noting that he was nominated through a belated supplementary statement without disclosure of the source of knowledge, lacked previous criminal antecedents, and the recovery of a cell phone lacked an identification memo. The petition was consequently allowed, admitting the petitioner to post-arrest bail upon furnishing appropriate surety bonds.
- Is an accused entitled to post-arrest bail when nominated through a supplementary statement without a disclosed source of knowledge?
- Does the absence of an identification memo for a recovered item warrant further probe under Section 497(2) of the Code of Criminal Procedure 1898?
- Whether lack of previous criminal antecedents and lack of utility in further incarceration justify granting post-arrest bail?
- Section 392, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 402, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
The petitioner seeks bail after arrest in case FIR No, 1028. dated 29.10.2011, under Sections 392, 411, PPC, registered at Police Station Baghbanpura, District Gujranwala.
2. After hearing learned counsel for the parties and perusing the record, it is observed that petitioner was nominated as an accused by the complainant through his supplementary statement on 12.11.2011 whereby he nominated two other accused namely Sabrook alias Sonu and Nadeem Ahmad as well. The petitioner appeared to have been arrested in case FIR No, 1113, dated 29.11.2011, under Sections 302, 402, PPC, registered at police station Baghbanpura (Gujranwala) wherefrom he was taken into custody in the instant case by the police. The petitioner allegedly got recovered cash Rs,40,000/- on 05.12.2011 and a cell phone on 8.12.2011. No memo. of identification has been prepared by the I.O. qua the cell phone so it cannot be said with certainty as to who does it belong to. The complainant relied upon his own knowledge while nominating the petitioner as an accused but he did not disclose the source thereof. The petitioner does not have any previous criminal antecedent. His further incarceration would be of no consequence to the prosecution case. Sufficient reasons exist to believe that petitioner's case calls for further probe into his guilt as envisaged by Section 497(2), Cr.P.C. Therefore, the instant application is allowed and petitioner is admitted to post arrest bail subject to furnishing bail bonds in the sum of Rs, 2 lacs with two sureties each in the like amount to the satisfaction of learned trial Court.