Abid Hussain alias Novaiz and another vs The State etc.
This matter comes before the Lahore High Court through a petition under Section 498 of the Code of Criminal Procedure 1898, wherein the petitioners sought pre-arrest bail in case FIR No.146/14 registered under sections 337F(i), 337F(ii), 337A(i), 324, 148, 149, 381-A, and 411 of the Pakistan Penal Code 1860 at Police Station Mela, District Sargodha. The core legal question involves determining whether the petitioners are entitled to pre-arrest bail where no specific role is attributed, a cross-version exists, and co-accused have been declared innocent or granted bail. The court held that the tentative assessment reveals a case of two competing versions, exaggeration by the complainant, and possible false implication by widening the net, thereby confirming the pre-arrest bail. The key principle laid down is that where no specific role is attributed, co-accused have been found innocent during investigation, and a cross-version exists, the petitioners are entitled to confirmation of pre-arrest bail, as further incarceration or custodial interrogation solely for recovery serves no useful purpose.
- Whether pre-arrest bail can be confirmed when only a joint role of firing is attributed to the petitioners without any specific role?
- Does the existence of a cross-version and the exoneration of co-accused by the investigating officer justify the confirmation of pre-arrest bail?
- Can an accused be remanded to police custody solely for the purpose of effecting recoveries?
- Section 498, Code of Criminal Procedure 1898
- Section 337F(i), Pakistan Penal Code 1860
- Section 337F(ii), Pakistan Penal Code 1860
- Section 337A(i), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 381-A, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
Through this petition under section 498 Cr.P.C. the petitioners have sought pre-arrest bail in case FIR No.146/14 dated 31.07.2014 under sections 337F(i), 337F(ii), 337A(i), 324, 148, 149, 381-A, 411 PPC registered at Police Station Mela, District Sargodha.
2. I have heard the learned counsel for the parties and have also gone through the record of this case with their able assistance. This is bail before arrest and only tentative assessment is allowed at this stage. It has been noticed by this Court that no specific role is attributed to the petitioners.
Only a joint role of firing at the complainant is attributed to them alongwith their co-accused. It has also come on record that after the registration of FIR cross-version was also recorded by the petitioner side. It is a case of two versions one put forward by the complainant of the FIR and the other in the shape of cross-version recorded by the petitioner side and which version is correct is to be determined by the learned trial court after recording evidence. During investigation co-accused of the petitioners namely Sarang, Bilal, Pervaiz, Ikram Ullah and Ramzan have been declared innocent by the investigating officer, which shows that the complainant has exaggerated the occurrence in order to prevail upon the petitioner side. Co-accused of the petitioners namely Sana Ullah has been allowed post-arrest bail by this Court vide order dated 10.12.2014 passed in Criminal Miscellaneous No.15876 of 2014. The petitioners cannot be handed over to the police only for the purpose of effecting recovery so as to enable them to come out of the jail after few days. The question of sharing common intention with their co-accused shall be determined by the learned trial court after recording evidence. False implication of the petitioners by the complainant after joining hands with the police by widening the net cannot be ruled out of consideration. Admittedly the petitioners are previous non-convicts. They have already joined the investigation. No useful purpose would be served by sending them behind the bars.
3. For what has been discussed above, the ad-interim pre-arrest bail already granted to the petitioners vide this Court's order dated 30.03.2015 is confirmed subject to their furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand only) each with two sureties each in the like amount to the satisfaction of the learned trial court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.