MUHAMMAD NADEEM vs STATE and another
The petitioner, Muhammad Nadeem, sought post-arrest bail in a criminal case registered under Section 376 of the Pakistan Penal Code 1860 at Police Station Muzaffarabad, District Multan, challenging the dismissal of his bail application by the Additional Sessions Judge, Multan. The core legal question was whether the petitioner was entitled to post-arrest bail given the nature of the allegations and the circumstances of the case. The Lahore High Court held that the petitioner, being the single accused attributed with a specific role in committing a heinous offense against a minor victim, and noting that trial delays were attributable to the petitioner's side, was not entitled to bail. The petition was accordingly dismissed, reaffirming that persons accused of heinous crimes with specific imputations do not merit post-arrest bail.
- Is a single accused attributed with a specific role in a heinous offense entitled to post-arrest bail?
- Does an inordinate delay in lodging the FIR automatically entitle the accused to post-arrest bail?
- Can post-arrest bail be refused when trial delays are caused by the conduct of the petitioner's side?
- Section 376, Pakistan Penal Code 1860
ORDER
' The petitioner, namely, Muhammad Nadeem, through this criminal miscellaneous, seeks his post arrest bail, in criminal case vide F.I.R. No, 517/2014, dated 21.08.2014, for offence under Section 376, P.P.C., registered at Police Station Muzaffarabad, District Multan, thereby challenging the validity of an order dated 10.12.2014, by which, the application for post arrest bail, was dismissed by the learned Additional Sessions Judge, Multan.
2. Learned counsel for the petitioner contends, that the petitioner has falsely been implicated in the F.I.R., the story narrated in the F.I.R., is fabricated and there is an inordinate delay of two days in lodging the F.I.R. Further submits, that the medico-legal report of the victim also supports the petitioner's case, therefore, the petitioner is entitled for grant of post arrest bail.
3. Conversely, learned Deputy Prosecutor General submits, that according to the Police investigation, the petitioner is involved in the occurrence, and has committed a heinous offence.
' Learned counsel appealing on behalf of the complainant, submits that keeping in view the tender age of the victim, the petitioner is not entitled for the grant of post arrest bail. Reliance is placed on case titled Mazhar Iqbal v. The State and another (2010 PCr.LJ 1702), Muhammad Shehbaz v. State and another [PLJ 2012 Cr.0 (Lahore) 215], Ahmad Nawaz v. State and another [PLJ 2013 Cr.C.
(Lahore) 752], Muhammad Shoaib v. State through. A.A.-G and another (2013 PCr.LJ 316) and Muhammad Ameen v. The State and another (2013 PCr.LJ 733).
4. Heard. Record perused.
5. As evident from the record, the petitioner is single accused and specific role has been attributed to him. Further, the petitioner has committed a heinous offence and has not cared the age of the victim who is a minor. Even otherwise, the Challan has been submitted in the Court and as contended by learned counsel for the complainant, the delay is being caused because of the petitioner's side who is not ready to cross examine the witnesses.
6. In view of above, the petitioner is not entitled for grant of post arrest bail, resultantly, this petition stands dismissed.