SATTAR SHAH vs STATE and another
This post-arrest bail petition was filed by Sattar Shah in case FIR No. 305, dated 23.08.2017, registered under Sections 496-A, 376, 380, 381-A, and 411 of the Pakistan Penal Code 1860, at Police Station Sahoka, District Vehari. The allegations involved the abduction of the complainant's wife, administering intoxicants, and theft. The Lahore High Court observed that co-accused persons had already been granted pre-arrest bail. The alleged victim lady had voluntarily appeared before a Judicial Magistrate seeking admission to and release from Dar-ul-Aman without making any allegations against the petitioner or other accused during those appearances. Furthermore, the alleged victim of intoxication was not medically examined, and the investigation by the District Investigation Branch (DIB) found no role attributable to the petitioner. The High Court held that these circumstances rendered the case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. Admitting the petitioner to post-arrest bail, the Court established that uncorroborated allegations lacking medical evidence and contradictory statements by the victim justify bail pending trial.
- Whether failure to medically examine a victim of alleged intoxication creates grounds of further inquiry for bail?
- Whether silence of an alleged abductee regarding accused persons during proceedings before a magistrate makes the case one of further inquiry under Section 497(2) CrPC?
- Does an investigative finding exonerating the accused entitle him to post-arrest bail?
- Section 496-A, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 381-A, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
- Section 164, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Through the instant petition, the petitioner namely Sattar Shah seeks post arrest bail in case FIR No, 305, dated 23.08.2017, registered under Sections 496-A/376/380/381-A/411, PPC, at Police Station Sahoka, District Vehari.
2. The precise allegations against the petitioner, as per MR, are that he along with his co-accused, had administered some intoxicant to Ali Haider, son of the complainant and abducted Ms/. Sidra Bibi, wife of the complainant and had also taken away Honda motorcycle, gold ornaments and cash of Rs, 47,500/-, belonging to the complainant.
3. Arguments heard and record perused.
4. It is alleged that Abdul Wahid, Mukhtar Ahmad, Ibrahim., 'Zulfiqar All and two unknown have also committed the alleged occurrence, but Mukhtar Ahmad, Ibrahim, Zulfiqar Ali, Ismail Shah and Hasnain Shah have been granted pre-arrest bail, by this Court, through order dated 07.12.2017, passed in Crl.Misc. No, 6946-B/2017. The lady herself had attended the learned judicial Magistrate, Layyah, on 25.08.2017 and requested that as she had danger from her husband (complainant), hence she may be sent to Dar-ul-Aman, Consequently, she was dispatched to Dar-ul-Aman, where she remained till 29.08.2017, whereafter, she again requested the learned judicial Magistrate for (sic) from D'ar-ul-Aman and consequently she was let off. At both the above mentioned occasions, she never disclosed any Mischief by the present petitioner or any other accused, therefore her stance, given in her statements under Section 161 & 164 .Cr.PC, shall be evaluated during the trial. Ali Haider, to whom intoxicant was allegedly administered, was not medically examined, hence the said allegation had gone without any medical support. The matter, for investigation, had gone to DIB and it was found that there was no role of the petitioner, in the alleged occurrence.
5. All the above mentioned facts and circumstances, lead to the conclusion, that there are grounds of further inquiry into the guilt of the petitioner, within the meaning of sub-section(2) of Section 497 Cr.PC. He is behind the bars, hence no more required to the Police, for further investigation in this case. Furthermore, as per record maintained by the Police, he is previously a non-convict.
6. Resultantly, the petition in hand is allowed and the petitioner is admitted to bail, subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (Rupees one lac only), with one surety, in the like amount to the satisfaction of the learned trial Court.