TARIQ vs STATE and another
This matter concerns a petition for post-arrest bail filed by the petitioner, Tariq, in connection with FIR No. 376/2012, involving charges under Sections 302, 376, 201, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail given the evidentiary record and the stance of the prosecution. The Court observed that there were no eyewitnesses to the alleged offences, and the complainant's supplementary statement merely expressed suspicion. Furthermore, the Investigating Officer had exonerated the petitioner regarding the charges of murder and rape, and the Additional Prosecutor General conceded that no evidence connected the petitioner to the crime. The Court held that bail should not be withheld as a punitive measure, especially when the accused is a previous non-convict and no longer required for investigation. Consequently, the petition was accepted, and the petitioner was granted post-arrest bail upon furnishing the required bail bonds, affirming the principle that bail is a right rather than a punishment in the absence of incriminating evidence.
- Is bail to be withheld as a measure of punishment?
- Does the exoneration of an accused by the Investigating Officer constitute valid grounds for granting post-arrest bail?
- Can bail be granted when there are no eyewitnesses and the prosecution admits no evidence connects the accused to the crime?
- Section 497, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
Through this petition filed under Section 497, Cr.P.C., the petitioner, Tariq seeks post-arrest bail in case FIR No, 376/2012 dated 17.05.2012 for offences under Section, 302, PPC later on added Sections 376, 201, 148, 149, PPC registered at Police Station Saddar Kasur, District Kasur.
2. After hearing the arguments advanced by the learned counsel for the parties and perusing the available record, it is clear that no one saw the petitioner committing any offence as referred to in the FIR. The complainant while getting recorded his supplementary statement on 24.05.2012 merely stated that he had reasons to suspect that the offence has been committed by the petitioner alongwith other co-accused. The petitioner stands exonerated by the Investigating Officer to the extent of murder and rape of late Mst. Ruqia Bibi as is evident from the bare reading of a case Diary No, 13 dated 02.06.2012. The learned Additional Prosecutor General, in fairness has pointed out that there is nothing on record to connect the petitioner with the commission of offence. The petitioner is a previous non-convict no more required for the investigation of the case. It is trite that bail cannot be withheld as a measure of punishment as has been held by the august Supreme Court of Pakistan in Abid Ali alias Ali versus The State (2011 SCM R 161).
3. For what has been stated above, this petition is accepted and the petitioner is admitted to post- arrest bail subject to his furnishing bail bonds in the sum of Rs,1,00,000/- (one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.