NASIR ALI and another vs STATE and another
This matter arises from a petition for pre-arrest bail filed by Nasir Ali and Muhammad Iqbal in case FIR No. 541 dated 11.06.2016 under Sections 381-A and 411 of the Pakistan Penal Code 1860, registered at Police Station Civil Line, Faisalabad, concerning the alleged theft of a car. The core legal questions involve whether the petitioners are entitled to pre-arrest bail given the unexplained delay in FIR registration, unnamed status in the initial report, subsequent implication via supplementary statement without disclosure of source, documentary evidence of ownership, and a pending civil suit regarding vehicle documents. The Lahore High Court held that the petition should be allowed and confirmed the ad-interim pre-arrest bail granted to the petitioners. The key principle laid down is that where an FIR is registered after an inordinate delay, the accused are not nominated therein, their subsequent implication lacks a disclosed source, and a civil dispute regarding ownership is pending between the parties, mala fide in the prosecution can be inferred, warranting the confirmation of pre-arrest bail.
- Whether pre-arrest bail can be confirmed when the FIR is lodged with an unexplainable delay and the accused are not nominated therein?
- Does the lack of a disclosed source in a supplementary statement implicating the accused justify granting pre-arrest bail?
- Can mala fide of the complainant be inferred when a civil suit regarding the ownership of the disputed property is already pending between the parties?
- Section 381-A, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
ORDER
' Nasir Ali and Muhammad Iqbal, petitioners seek their bail before arrest in case FIR No, 541 dated 11.06.2016 registered under Sections 381-A, 411, PPC at Police Station Civil Line, Faisalabad.
2. As per contents of the FIR, some unknown accused stole the car of the complainant along with the registration book.
3. Arguments heard. Record perused.
4. There is no date and time mentioned in the FIR when the alleged occurrence took place.
According to the contents of the FIR, about 3 1/2 years ago, the car of the complainant was stolen.
Thereafter, the FIR was registered with an explainable delay on 11.06.2016.
5. The petitioners are not nominated in the FIR. They were later implicated in this case on the supplementary statement of the complainant recorded on 17.06.2016. No source of information has been mentioned in the supplementary statement as to how the complainant came to know that the petitioners were the accused who stole his car.
6. A copy of Online Vehicle Verification issued by the Excise and Taxation department is available on the record, according to which Petitioner No, 2-Muhammad Iqbal is the owner of the car in dispute.
7. The complainant has filed a suit for cancellation of documents of the car in dispute against the petitioners on 10.10.2016 which is pending adjudication before the learned Civil Judge at Faisalabad.
8. The car in dispute has been taken into possession by the police and the petitioners have filed an application for its substandard which is pending adjudication before the learned Ilaqa Magistrate, while admittedly, the complainant has not filed any application for the substandard of the said car.
9. The petitioners are non-convicts and no other case of like nature has been registered against them.
10. In view of the above, mala fide of the complainant and the police to falsely implicate the petitioners in this case cannot be ruled out.
11. For what has been discussed above, this petition is allowed ail the ad-interim pre-arrest bail already allowed to the petitioners Nasir Ali and Muhammad Iqbal is confirmed subject to their furnishing fresh bail bonds in the sum of Rs, 1,00,000/-each with one surety each in the like amount to the satisfaction of the learned trial Court.
12. However, it is made clear that the above findings are tentative in nature and shall have no bearing on the trial as well as investigation of the case.