KHIZAR HAYAT vs STATE and another
This post-arrest bail application was filed by the petitioner in a criminal case registered under Sections 395 and 412 of the Pakistan Penal Code 1860 at Police Station Tibba Sultan Pur, District Vehari. The core legal issue was whether the petitioner was entitled to post-arrest bail considering the recovery made from him, his identification during proceedings, and the statutory threshold under the law. The Lahore High Court observed that the stolen truck and 650 bottles of cold drinks—subject matter of the dacoity—were recovered from the petitioner's possession, and he was correctly identified in the identification parade. The Court held that the offences charged fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, rendering the petitioner ineligible for bail. Consequently, the High Court dismissed the post-arrest bail petition while directing the trial court to expedite trial proceedings and conclude them by the end of July.
- Whether an accused who was identified in an identification parade and found in possession of stolen property is entitled to post-arrest bail in an offence falling within the prohibitory clause of Section 497, Cr.P.C.?
- Section 395, Pakistan Penal Code 1860
- Section 412, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Through this petition, petitioner seeks post arrest bail in case FIR No, 35/2012 dated 12.2.2012 registered under Sections 395, 412, PPC at Police Station Tibba Sultan Pur District Vehari.
2. Heard. Record perused.
3. The challan in this case has been submitted before the trial Court on 3.2.2013 and according to the learned counsel for complainant, the trial is underway. Keeping in view the role of the present petitioner from whom not only the stolen truck has been recovered but also 650 bottles of different brands of cold drink were also found in his possession which was subject matter of the said case of dacoity. The, present petitioner was correctly identified in the identification parade which was held on 26.3.2012. The case falls within the prohibitory clause of Section 497, Cr.P.C., thus petitioner is not entitled to bail.
4. For what has been discussed above, this petition is dismissed. However, as reportedly the trial of the case has yet commenced, therefore, the learned trial Court is directed to expedite the proceedings of trial and preferably conclude the same by the end of July of this year. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.