HAIBAT KHAN vs The STATE and others
This petition for leave to appeal challenged an order of the Lahore High Court refusing post-arrest bail to the petitioner in a case involving an alleged offence under section 376(1) of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail based on the material available on the record, specifically regarding the sufficiency of evidence to establish guilt. Upon review, the Supreme Court noted significant evidentiary gaps: a 14-day delay in lodging the FIR, the absence of violence marks on the victim, negative reports from the Chemical Examiner and DNA testing, and the fact that the investigating agency had concluded the allegations were false and sought cancellation of the FIR. The Court held that these factors rendered the case one of further inquiry into the petitioner's guilt. Consequently, the Court allowed the appeal and admitted the petitioner to bail. The key principle laid down is that where the prosecution's case is weakened by substantial evidentiary discrepancies and a negative investigation report, the accused is entitled to bail under the principle of further inquiry.
- Does a negative DNA report and a negative Chemical Examiner report constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can bail be granted when the investigating agency has submitted a report seeking cancellation of the FIR?
- Does a significant delay in lodging an FIR, combined with a lack of corroborative medical evidence, justify the grant of bail in a rape case?
- Section 376(1), Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' ASIF SAEED KHAN KHOSA, J.---Through this petition Haibat Khan petitioner has sought leave to appeal against the order dated 23.12.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No, 25817-B of 2015 whereby post-arrest bail was refused to him in case FIR No, 380 registered at Police Station Langrana, District Chiniot on 25.09.2014 in respect of an offence under section 376(1), P.P.C.
2. After hearing the learned counsel for the petitioner, the learned Additional Prosecutor-General, Punjab appearing for the State and the complainant appearing in person and having gone through the record of investigation of this case with their assistance we have observed that the FIR in this case had been lodged with a delay of 14 days, the Medico-legal Certificate issued in, respect of the alleged victim namely Naheed Bibi (aged about 10/11 years) did not depict any mark of violence on any part of her body, the Chemical Examiner had submitted his report in the negative in respect of the vaginal swa bs of the alleged victim and the report of the D.N.A. Test had been received in the negative. A perusal of the FIR shows that none of the eye-witnesses mentioned in the same had in fact witnessed the alleged rape himself and it was the minor victim herself who had disclosed to them that the petitioner had committed same highhandedness with her. In view of the above mentioned material available on the record it could well be that the case in hand was merely a case of an attempt which had remained abortive or a case of a mere preparation. It is not disputed that the investigating agency has already concluded that the allegation leveled against the petitioner is false and that upon completion of the investigation a report has already been submitted seeking cancellation of the FIR. For all these reasons we have found the case against the petitioner to be a case calling for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, converted into an appeal and the same is allowed and, consequently, Haibat Khan petitioner is admitted to bail in the above mentioned criminal case subject to furnishing bail bond in the sum of Rs, 50,000/- (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the trial court.
Cited by 4 cases
- Umer Bilal vs The State and another 2022 PCRLJ 1373
- MUHAMMAD HUSSAIN Versus State 2022 YLRN 132
- Umair vs The State and another 2021 MLD 527, 2020 PHC 80
- KASHIF KHAN Versus State 2017 YLRN 440