MUHAMMAD ADNAN vs STATE, etc.
The petitioner sought post-arrest bail in case FIR No. 406 dated 28.07.2014, initially registered under Section 496-A, Pakistan Penal Code 1860, and later amended to include Sections 365-B and 376(1), Pakistan Penal Code 1860, for the alleged abduction and rape of the complainant's wife along with her suckling baby. The core legal question was whether the petitioner made out a case for further inquiry under Section 497(2), Code of Criminal Procedure 1898. The Lahore High Court held that due to an unexplained delay in lodging the FIR, non-recovery of alleged stolen articles, exoneration of co-accused family members during investigation, non-conduct of a DNA test due to non-cooperation of the complainant and abductee, and the unlikelihood of the conclusion of trial in the near future, the case fell within the scope of further inquiry. The Court accepted the bail application, laying down the principle that tentative assessment of circumstances indicating delayed reporting, questionable allegations, and prolonged incarceration without commencement of trial warrants the grant of post-arrest bail.
- Whether delayed reporting of an incident in the FIR constitutes a ground for post-arrest bail?
- Does the exoneration of co-accused during police investigation make the case against the remaining accused one of further inquiry?
- Whether the non-conduct of a DNA test due to non-cooperation of the complainant entitles an accused to bail under Section 497(2), Code of Criminal Procedure 1898?
- Section 496-A, Pakistan Penal Code 1860
- Section 365-B, Pakistan Penal Code 1860
- Section 376(1), Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' The petitioner seeks post arrest bail in case FIR No, 406 dated 28.07.2014, registered under Section 496-A, PPC (Section 496-A, PPC was deleted and Sections 365-B & 376 (I), PPC added later on) at Police Station Satellite Town, Jhang.
2. The allegation against the petitioner is that he along with his co-accused abducted wife of the complainant namely Mst. Shumaila Bibi along with the suckling baby and committed rape with her.
3. Heard. Record perused.
4. It has been noticed that according to the story narrated by the complainant in the FIR, the occurrence took place on 27.06.2014 while the matter was reported to the police on 28.07.2014 i.e with the delay of above one months. During the investigation the alleged stolen articles i.e ornaments and cash amount could not be recovered at the instance of the present petitioner who remained on extensive physical remand with the police. All the co-accused persons including real mother, father, two brothers and a sister of the petitioner has been found innocent during the investigation dated 26.09.2014. The DNA test could not be got conducted because of the noncooperation of the complainant and the alleged abductee. The commission of rape with abductee by the petitioner with the alleged facilitation of his real mother, sister, father and two brothers is, prima facie, not plausible. All these circumstances make the case of the present petitioner one of the further inquiry, entitling him for the grant of post arrest bail under sub-section
(2) of Section 497, Cr.P.C., who is behind the bars since 06.08.2014. Though, the challan has been sent to the learned trial Court yet no evidence has so far been recorded which reflects that the conclusion of trial is not in sight. Keeping the petitioner the bars for an indefinite period is not justified as he is no more required for investigation purpose.
5. For what has been discussed above, this application is accepted and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs, 100,000/-, with one surety in the like amount, to the satisfaction of the learned trial Court.
' However, the observations made supra are tentative in nature and shall not influence the learned trial Court in any manner.