MUHAMMAD RAFIQUE vs STATE and another
This matter concerns a petition for pre-arrest bail filed by the petitioner, Muhammad Rafique, in connection with FIR No. 833/2013 registered under Sections 381 and 411 of the Pakistan Penal Code 1860 at Police Station Basti Malook, District Multan, regarding the alleged theft of cattle. The core legal question was whether the petitioner was entitled to the confirmation of pre-arrest bail given the circumstances of the case. The Court observed that there was an unexplained delay of one and a half months in lodging the FIR and that the prosecution failed to establish how the complainant identified the petitioner as the perpetrator. Furthermore, the investigating officer conceded that the recovery of the stolen property had already been effected, the investigation was complete, and the petitioner had no prior criminal record. Holding that the case against the petitioner required further inquiry and that the offense did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, the Court confirmed the pre-arrest bail. The key principle established is that where investigation is complete, recovery is effected, and the offense is outside the prohibitory clause, bail should be granted.
- Does an unexplained delay in lodging an FIR constitute grounds for granting pre-arrest bail?
- Is pre-arrest bail appropriate when the investigation is complete and no further recovery is required from the accused?
- Does an offense that does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 generally entitle an accused to bail?
- Section 381, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 550, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
ORDER
' Petitioner Muhammad Rafique seeks pre arrest bail in case FIR No, 833/2013 dated 19.12.2013 u/S. 381/411, PPC registered at P.S. Basti Malook, District Multan.
2. Briefly the prosecution story as unfolded in the FIR is that 01% months prior to the lodging of the FIR four cattle of the complainant were found missing from his cattle-shed. It is further mentioned in the FIR that the complainant came to know of his own that the present occurrence was committed by the petitioner along with one Muhammad Shehzad.
3. I have heard the learned counsel for the parties and perused the record.
4. There is a delay of 01% month in lodging of the FIR which has not been explained. It is nowhere mentioned in the FIR and in the record that how the complainant came to know about the involvement of the petitioner in the present occurrence as according to the I.O. Present before the Court the stolen cattle were taken into possession by the I.O. Under Section 550, Cr.P.C. Left behind by some un-known persons way before .The registration of the FIR. The above mentioned situation has created some doubt on the authenticity of the prosecution story. Even otherwise the 10 present before the Court has frankly conceded that recovery has already been effected and nothing is left to be recovered from the possession of the petitioner. Investigation against the petitioner is complete. Challan has been submitted before the trial Court where reportedly the trial has no commenced so-far. The petitioner is previously non convict and there is no record against him. The offence with which the petitioner is charged does not fall within the prohibitory clause of Section 497, Cr.P.C. No useful purpose would be served by handing over the body of the petitioner to the police for any further investigation.
5. In view of the above the matter to the extent of petitioner has become one of further inquiry.
Resultantly this petition is allowed and the ad interim pre-arrest bail already granted to the petitioner vide order dated 28.01.2015 stands confirmed subject to his furnishing fresh bail bond in the sum of Rs, 50,000/- (Rupees fifty thousand) with one surety in the like amount to the satisfaction of learned trial Court.
6. It is pertinent to mention here that the above mentioned observations are tentative in nature.