MUHAMMAD SHAFIQUE and another vs The STATE and others
The petitioners sought leave to appeal against the orders of the Lahore High Court refusing post-arrest bail in a case involving offences under sections 462-C and 109 of the Pakistan Penal Code 1860 and section 5(2) of the Prevention of Corruption Act 1947. The core legal question was whether the petitioners, alleged to be facilitators of the main perpetrators of gas theft, were entitled to post-arrest bail on the grounds of further inquiry and the rule of consistency. The Supreme Court held that the petitions should be converted into appeals and allowed, granting post-arrest bail to the petitioners. The Court reasoned that the petitioners were only alleged to be facilitators, other co-accused including the owner and tenant had already been granted bail, the investigation against the petitioners was finalized with the submission of a challan, and the case tentatively called for further inquiry under section 497(2) of the Code of Criminal Procedure 1898 without serving any beneficial purpose from continued incarceration.
- Are alleged facilitators of gas theft entitled to post-arrest bail when the main owner and tenant have already been granted bail?
- Does the finalization of investigation and submission of a challan warrant the grant of post-arrest bail when further inquiry into guilt is required?
- Section 462-C, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
ASIF SAEED KHAN KHOSA, J.---Through these petitions Muhammad Shafique and Hassan Muavia petitioners have sought leave to appeal against the orders dated 18.12.2015 and 21.12.2015 passed by the Lahore High Court, Lahore in Criminal Miscellaneous Nos. 15784-B of 2015 and 25668-B of 2015 respectively whereby post-arrest bail was refused to them in case FIR No. 671 registered at Police Station F.I.A., Gujranwala on 04.06.2015 in respect of offences under sections 462-C , and 109, P.P.C. and section 5(2) of the Prevention of Corruption Act, 1947.
2. After hearing the learned counsel for the parties and going through the record we have observed that according to the prosecution itself both the present petitioners were not the main perpetrators of the alleged theft of gas and the only allegation levelled against them is in respect of being facilitators of the main perpetrator of the alleged offences. The record of the case shows that the owner of the premises in issue, i.e. Amjad Farooq has already been admitted to post-arrest bail by the Lahore High Court Lahore vide order dated 15.10.2015 passed in Criminal Miscellaneous No. 12983-B of 2015 and even the tenant in possession of the relevant premises at the relevant time has also been admitted to ad interim pre-arrest bail and the matter of confirmation of his ad-interim pre-arrest bail is presently pending before the trial court. Some pieces of evidence are being relied upon by the prosecution in order to support its case against the petitioners as facilitators of the main accused persons but without commenting upon the evidentiary value of such pieces of evidence we have tentatively formed an opinion that the case against the present petitioners calls for further inquiry into their guilt. The investigation of this case qua the petitioners has already been finalized and a Challan has been submitted and, thus, continued incarceration of the petitioners is not likely to serve any beneficial purpose at this stage. These petitions are, therefore, converted into appeals and the same are allowed and, consequently, Muhammad Shafique and Hassan Muavin petitioners are admitted to bail in the above mentioned criminal case subject to furnishing bail bonds in the sum of Rs. 1,00,000/- (Rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of the trial court.
Cited by 1 case
- Muhammad Hassan vs The State etc 2023 LHC 5653, PLJ 2024 Cr.C. 440, 2024 PCRLJ 1341