BASHIR AHMAD vs STATE, etc
This petition was filed under Section 497 of the Code of Criminal Procedure 1898, seeking post-arrest bail for the petitioner, Bashir Ahmad, who was accused in an F.I.R. registered under Sections 365-B, 376, and 420 of the Pakistan Penal Code 1860 for alleged abduction and zina. The core legal question was whether the petitioner was entitled to bail given the circumstances of the case, including the delay in lodging the F.I.R. and the absence of corroborative medical evidence. The Court held that the petitioner was entitled to bail, observing that the F.I.R. was lodged with a significant delay, the victim's statement under Section 164 of the Code of Criminal Procedure 1898 was recorded after a substantial delay of over one and a half months, and there was a lack of DNA or chemical examiner reports to connect the petitioner to the crime. The Court established the principle that where the prosecution's case relies solely on oral assertions without corroboration and medical evidence is absent, the case falls under the category of further inquiry, justifying the grant of bail.
- Does a significant delay in recording a statement under Section 164 of the Code of Criminal Procedure 1898 constitute grounds for further inquiry in bail matters?
- Can bail be granted when there is an absence of DNA or chemical examiner reports to corroborate the prosecution's allegations?
- Does the grant of bail to a co-accused in a similar case provide a basis for granting bail to the petitioner?
- Section 497, Code of Criminal Procedure 1898
- Section 365-B, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 164, Code of Criminal Procedure 1898
ORDER
Through this petition u/S. 497, Cr.P.C. the petitioner Bashir Ahmad, seeks post-arrest bail in case F.I.R. No, 603 dated 05.11.2016 u/S. 365-B/376/420, PPC, registered at Police Station Shah Rukan-e- Alam Multan.
2. This crime report has been lodged by one Muzaffar Khan TASI alleging therein that on 05.11.2016 at 10:00 am the petitioner along with his co-accused abducted Mst. Shabina Noor and committed zina with her.
3. Heard. Record perused.
4. It divulges from record that although the petitioner is nominated in the crime report but it has been observed that on the same day F.I.R.No, 742/2017 u/S. 365-B/376/511, PPC was also registered at Police Station B.Z. Multan regarding abduction and zina of one Noor-ul-Aen but admittedly she was also present on the front seat of said vehicle but at that time the alleged victim of this case Mst. Shabina Noor did not lodge any complaint rather the instant case was lodged after the delay of more than seven hours. In the said F.I.R. the present `petitioner has already been allowed bail by the learned Additional Sessions Judge on 01.07.2017. Similarly in the instant case co-accused Khalid has also been allowed bail on 19.12.2016 by the learned Additional Sessions Judge. Although the alleged victim got recorded her statement u/S. 164, Cr.P.C. but the same was got recorded on 07.12.2016 i,e, with the delay of more than 11/2 month and during said period she remained with her parents hence due deliberation and consultation cannot be ruled out. It is also a circumstance that till today no report of chemical examiner or D.N.A. is available on record to connect the petitioner with the commission of crime. As the medical evidence does not support the version of the complainant and reports of chemical examiner and D.N.A. are not available, therefore, the prosecution is left with oral assertion of the abductee without any other corroboration that too at belated stage. Due to above mentioned reasons, the case of the petitioner has become one of further inquiry as completed in sub-section (2) of Section 497, Cr.P.C. The petitioner is behind the bars since his arrest and investigation to his extent is already complete. No useful purpose would be served by keeping the petitioner behind the bars.
5. Consequently, this petition is allowed and the petitioner Bashir Ahmad is enlarged on bail subject to his furnishing bail bonds in the sum of Rs,2,00,000/- (Rupees two lac) with one surety in the like amount to the satisfaction of the learned trial Court.