YASIR HUSSAIN vs STATE and another
This petition for post-arrest bail arose out of FIR No. 20 dated 23.01.2016, registered for an offence under Section 365-B of the Pakistan Penal Code 1860 at Police Station City Chichawatni, District Sahiwal. The prosecution alleged that the petitioner, along with a co-accused, abducted the complainant's maternal granddaughter while armed with weapons and committed theft of cash and gold ornaments from the house. The core legal question was whether the petitioner was entitled to post-arrest bail when no recovery was made from him and investigation placed the abductee with the co-accused. The High Court allowed the petition and granted post-arrest bail under Section 497(2) of the Code of Criminal Procedure 1898. The Court held that despite 10 days of physical custody, neither the abductee, weapons, nor stolen property were recovered from the petitioner, and evidence indicated the abductee was with the co-accused, making the petitioner's guilt a matter of further inquiry.
- Whether an accused is entitled to post-arrest bail under Section 497(2) Cr.P.C. when no recovery of the abductee, weapon, or stolen property has been effected from him?
- Whether the absence of incriminating material recovered from an accused during police remand renders his case one of further inquiry under Section 497(2) Cr.P.C.?
- Section 365-B, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Through this petition, Yasir Hussain, petitioner, seeks post arrest hail in case F.I.R. No, 20 dated 23.1.2016 for offence under Section 365-B of Pakistan Penal Code, 1860, registered at Police Station City Chichawatni, District Sahiwal.
2. Briefly, the allegation against the petitioner is that on 11.08.2015 he along with his co-accused Dawood while armed with weapons abducted Mehrozia Kanwal, maternal grand daughter of the complainant and they also took away gold ornaments and cash amount. Hence, the instant case.
3. Heard. Record perused.
4. Per crime report Yasir Hussain petitioner along with his co-accused Dawood abducted Mehrozia Kanwal, maternal grand daughter of the complainant Barkat Ali on 11.08.2015 and they also stole gold ornaments valuing Rs, 3,50,000/- and cash amount of Rs, 3,75,000!-from the house of the complainant. After his arrest on 11.02.2016 the petitioner remained in physical custody of the investigation agency for 10 days but the alleged abductee could not be recovered from him.
Similarly, no stolen articles or the cash amount alleged could be recovered from him. Even otherwise, availability of such valuable ornaments and the huge cash amount in the house of a family whose daughter was a domestic servant of the petitioner, prima facie, is not probable and convincing. During the investigation it is surfaced that the alleged abductee Mehrozia Kanwal is with the co-accused Dawood. Even no crime weapon allegedly used by the culprits during the abduction of the grand daughter of the complainant could be recovered at his instance. These circumstances make the case of the present petitioner one of further inquiry entitling him to the grant of post arrest bail under sub-section (2) of Section 497 of Code of Criminal Procedure, 1898.
5. For all mentioned above, this bail application is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs, 100,000/-, with two sureties each in the like amount to the satisfaction of the learned trial Court.