Gulfam vs The State and another
This petition under Section 497 of the Code of Criminal Procedure 1898 sought post-arrest bail in a case registered under Sections 302 and 109 of the Pakistan Penal Code 1860. The primary legal question was whether an accused nominated belatedly without an disclosed source and implicated through extra-judicial confession is entitled to bail under the further inquiry rule. The Lahore High Court held that the petitioner made out a case for bail under Section 497(2) Cr.P.C. The Court observed that the petitioner was not named in the initial FIR and was only implicated through a supplementary statement recorded over two months later without disclosing the source of information, which carries no legal value. Furthermore, the alleged extra-judicial confession constituted weak evidence whose veracity could only be determined at trial. Noting that investigation was complete, the petitioner had no previous criminal record, and trial had stalled despite the challan being submitted, the Court reiterated that mere heinousness of an offence is insufficient to withhold bail when the accused is otherwise entitled to it.
- Does a supplementary statement recorded after a delay without disclosing the source of information carry legal value at the bail stage?
- Whether an extra-judicial confession alone is sufficient to withhold post-arrest bail prior to its determination at trial?
- Can bail be denied solely on the ground of the heinousness of the alleged offence when grounds for further inquiry exist under Section 497(2) Cr.P.C.?
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
Through this petition under section 497 Cr.P.C. the petitioner has sought bail after arrest in case FIR No.382/14 dated 27.12.2014 under section 302, 109 PPC, Police Station Kot Ladha, District Gujranwala.
2. The arguments advanced by learned counsel for the parties have been heard and record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed by this Court that the petitioner is not nominated in FIR. He has been roped in this case by the complainant through supplementary statement recorded on 28.02.2015 i.e. with a delay of more than two months after registration of FIR and that too without source. It is settled law that supplementary statement without source has got no value in the eyes of law. Reliance can easily be placed upon 1996 SCMR 511. There is another piece of evidence against the present petitioner in the shape of extra-judicial confession. That too is considered as a weak type of evidence by the courts of law and its evidentiary value against the petitioner shall be determined by the learned trial Court after recording evidence. Reliance can be placed upon 2012 SCMR 184.The petitioner is previous non-convict and never involved in any other case. He is behind the bars since 29.03.2015. Investigation to the extent of the present petitioner is comple te and he is no more required for further investigation. Inspite of the fact that challan was submitted before the learned trial Court on 09.04.2015, the trial of the petitioner has not seen any progress after the elapse of seven months, therefore, further incarnation of the petitioner in jail would not serve any fruitful purpose. Mere heinousness of offence is no ground to refuse bail if otherwise the accused becomes entitled to the concession of bail.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by sub- section (2) of section 497 Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail subject to his furnishing bail bond in the sum of Rs.100,0 00/- (Rupees one hundred thousand only) 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.