MUHAMMAD RIZWAN vs STATE and another
The petitioner sought post-arrest bail in a case registered under Section 365-B of the Pakistan Penal Code 1860 at Police Station Saddar Lodhran, involving allegations of abducting the complainant's daughter with intent to seduce her to illicit intercourse. The core legal question was whether the petitioner made out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The Lahore High Court accepted the application and granted post-arrest bail to the petitioner. The court held that there was an unexplained delay of eleven days in lodging the FIR, no weapon was recovered, the allegation of abduction was found false during the investigation, the abductee remained unrecovered, and keeping the petitioner in jail indefinitely would not advance the prosecution's case. The key principle laid down is that where the investigation casts doubt on the allegations and the accused's continued incarceration serves no useful purpose, the case falls within the purview of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, warranting the grant of bail.
- Whether unexplained delay in lodging the FIR constitutes a ground for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Does the non-recovery of any weapon during the investigation justify the grant of post-arrest bail?
- Whether keeping an accused in jail for an indefinite period when the abductee is unrecovered warrants bail?
- Section 365-B, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' The petitioner, namely, Muhammad Rizwan seeks post-arrest bail in case FIR No, 72 dated 17.02.2016 under Section 365-B, PPC registered at Police Station Saddar Lodhran, District Lodhran at the instance of Muhammad Bakhsh (Hereinafter the complainant)
2. Allegedly, the petitioner abducted Mst. Samina Bibi a daughter of the complainant with intent to seduce her to illicit intercourse.
3. After hearing the learned counsel for the parties and perusing the record, it was observed: (i)That there was unexplained delay of eleven days in lodging the FIR; (ii)That no weapon has been recovered from the petitioner during the course of investigation; (iii)That the allegation of abduction of Mst. Samina Bibi by the petitioner was found false during the investigation; (iv)That the abductee has not been recovered so far and to keep the petitioner in jail for indefinite period would not advance the case of prosecution in any manner; (v)That the petitioner is behind the bars since his arrest which would not serve the prosecution in any manner; (vi)That there are sufficient grounds calling for further enquiry into guilt of the petitioner within the meaning of Section 497(2), Cr.P.C.
4. For the reasons mentioned above, the application is accepted and the petitioner is admitted to post arrest bail subject to furnishing bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court/Duty Judge.