MUHAMMAD TANVIR vs The STATE and others
This criminal petition, converted into an appeal, arises from the refusal of post-arrest bail to the petitioner Muhammad Tanvir in case FIR No. 152 dated 07.04.2015 registered under sections 376, 511, and 451 of the Pakistan Penal Code 1860 at Police Station Saddar, District Bahawalnagar. The core legal question concerns whether the petitioner was entitled to post-arrest bail in light of the delayed FIR, delayed medical examination, negative DNA test report, and the fact that a co-accused was declared innocent by the police. The Supreme Court of Pakistan held that the cumulative effect of these circumstances brought the case within the scope of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898, making the petitioner eligible for bail. The Court laid down the principle that unexplained delays in lodging FIRs and medical examinations, coupled with exculpatory investigation findings regarding co-accused and inconclusive forensic evidence, sufficiently establish grounds for further inquiry warranting the grant of post-arrest bail.
- Whether an unexplained delay in lodging the FIR and conducting the medical examination constitutes grounds for further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Does a negative DNA test report along with the exoneration of a co-accused by the police entitle the main accused to post-arrest bail?
- When does a criminal case fall within the ambit of further inquiry warranting the grant of bail under the Code of Criminal Procedure 1898?
- Section 376, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 451, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' MANZOOR AHMAD MALIK, J.---The petitioner seeks bail after arrest in case FIR No, 152 of 2015 dated 07.04.2015, offence under sections 376, 511, 451, P.P.C., registered at Police Station Saddar, District Bahawalnagar.
2. Precise allegation against the petitioner, as per the FIR, is that he along with his co-accused Ijaz in the midnight of 4/5-04-2015, entered the house of the complainant and put a pistol on her head.
The petitioner started committing rape with the complainant Mst. Asma Bibi against her will, whereas his co-accused Ijaz stood at watch while carrying a pistol.
3. After hearing the learned counsel for the petitioner, learned Law Officer and perusing the available record with their assistance, it has been observed by us that the alleged occurrence took place in the midnight of 4/5-4-2015, whereas the FIR was lodged on 07.04.20.15 at 4.35 p.m. And the medical examination of the complainant-victim was conducted on 07.04.2015 at 6.27 p.m. i,e. After a delay of about three days. The DNA test report is also not positive. It has been confirmed by the learned Law Officer, on instructions, that the co-accused of the petitioner namely Ijaz has been declared innocent by the police. In these circumstances, the case against the petitioner calls for further inquiry within the ambit of subsection (2) of section 497, Code of Criminal Procedure.
Petitioner is behind the bars since 18.11.2015. No useful purpose shall be served by keeping him behind the bars for an indefinite period.
4. For the foregoing reasons, this petition is converted into appeal and the same is allowed.
Petitioner Muhammad Tanvir is admitted to bail (in the instant FIR) subject to furnishing his bail bond in the sum of Rs,100,000/- (Rupees one hundred thousand only), with one surety, in the like amount, to the satisfaction of the learned trial Court.
Cited by 4 cases
- Muhammad Aslam and 2 others vs The State 2023 YLR 2068
- Umer Bilal vs The State and another 2022 PCRLJ 1373
- ABDUL SHAKOOR vs THE STATE 2018 SHC 732
- ABDUL SHAKOOR Versus State 2019 PCrLJN 106