CH. GOHAR QAYYUM another vs STATE and another
This matter arises from a petition for pre-arrest bail filed by Ch. Muhammad Qayyum in respect of case F.I.R. No. 137/2017 registered under Sections 420, 468, and 471 of the Pakistan Penal Code 1860 at Police Station City Sammundri, Faisalabad, on allegations of abetting co-accused who tendered a forged document in a civil suit. The core legal question concerns whether the petitioner has made out a case for the confirmation of pre-arrest bail, particularly regarding mala fide, absence of prohibitory clause applicability, and unexplained delay in lodging the FIR. The Lahore High Court held that the application should be accepted and pre-arrest bail confirmed. The Court based its decision on the unexplained delay of over 15 months in lodging the FIR, the non-applicability of the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, the absence of direct evidence linking the petitioner to the alleged abetment or conspiracy, the potential over-implication of family members, and the petitioner's cooperation with the investigation. The key principle laid down is that mala fide at the pre-arrest bail stage may be deduced and inferred from the surrounding facts and circumstances of the case where direct positive evidence is difficult to establish.
- Whether pre-arrest bail can be confirmed when there is an unexplained delay of more than fifteen months in lodging the FIR?
- Does the offence under Section 420, 468, and 471 of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- How is mala fide established at the pre-arrest bail stage when direct solid evidence is lacking?
- Is bail liable to be confirmed when an accused has joined the investigation and there is no allegation of misuse of concession of interim bail?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Ch. Muhammad Qayyum, petitioner seeks pre-arrest bail in case F.I.R No, 137/2017 dated 4.4.2017, under Sections 420, 468, 471, P.P.C., registered at. Police Station City Sammundri, Faisalabad.
2. The allegation against the petitioner is that he abetted his co-accused, who tendered a forged document during trial of a civil suit.
3. At this stage, it may be mentioned that on 25.07.2017, Ch. Gohar Qayyum, Petitioner No, 1 failed to appear and bail application to his extent was dismissed.
4. After hearing the learned counsel for the parties and perusing the record, it was noticed that there was unexplained delay of more than 15 months in lodging the F.I.R . No time of occurrence finds mention in the crime report. The offences do not fall under the prohibitory clause of Section 497, Cr.P.C. There was no evidence available on the file to show the element of abetment or conspiracy to link the petitioner with this case. The co-accused of the petitioner was his father. The possibility of throwing a wider net cannot be ruled out. In a recent judgment, the apex Court observed that at pre-arrest bail stage, it was difficult for the accused to prove the element of mala fide through positive/solid evidence/material, therefore, the same was to be deduced and inferred from the facts and circumstances of the case and that where events or hints, to such effect are available, same would validly constitute the element of mala fide. Ref: "Khalil Ahmed Soomro v. The State" (PLD 2017 SC 730). The petitioner has joined the investigation and there was no allegation of the misuse of ad interim pre-arrest bail against the petitioner.
5. For the reasons mentioned above, the application is accepted and ad-interim pre-arrest bail earlier granted to the petitioner, namely, Ch Muhammad Qayyum is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs,1,00,000/- with one surety in the like amount to the