MUHAMMAD ZAMAN and another vs STATE, etc.
This is a criminal petition filed by Muhammad Zaman and Abid Hussain seeking post-arrest bail in case FIR No. 141/14 registered under Sections 380, 457, and 411 of the Pakistan Penal Code 1860 at Police Station Ghazi-Abad, District Sahiwal. The core legal question involves determining whether the petitioners are entitled to post-arrest bail given the circumstances of the case, including delay in reporting and previous enmity. The Lahore High Court accepted the petition and granted post-arrest bail to the petitioners, subject to furnishing surety bonds. The court held that the existence of previous enmity, unexplained delay of more than two months in reporting the occurrence to the police, and the absence of a criminal record brought the case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, leaving the evidentiary value of the recovery to be determined at trial.
- Whether unexplained delay in reporting an occurrence to the police makes the case one of further inquiry for the purpose of bail?
- Does previous enmity between the parties provide sufficient grounds for the grant of post-arrest bail?
- Is a petitioner entitled to post-arrest bail when there is no record showing they are previous offenders?
- Section 380, Pakistan Penal Code 1860
- Section 457, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
ORDER
' Through this petition, Muhammad Zamaan and Abid Hussain accused have prayed for post- arrest bail in case FIR No. 141/14 dated 14.05.2014 under Sections 380, 457, 411, PPC, registered at Police Station Ghazi-Abad, District Sahiwal.
2. Allegation against the petitioners, in brief, is that they alongwith other co-accused committed theft in the house of complainant and took away cattle and house-hold articles as fully detailed in the FIR.
3. Arguments heard and record perused.
4. There exists previous enmity between the parties.
Occurrence was reported to police after a delay of more than two months, for which no explanation has been given in the FIR. In the circumstances, guilt of the petitioners calls for further inquiry. Evidentiary value of the alleged recovery will be determined at the time of trial. There is nothing on record to show that petitioners are previous record holders.
5. For the reasons recorded above, this petition is accepted and petitioners be released on bail, subject to their furnishing bail bonds in the sum of Rs. 2,00,000/- each with one surety each in the like amount to the satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.