MUHAMMAD TARIQ JAVAID vs STATE and another
The petitioner Muhammad Tariq Javaid sought post-arrest bail in case F.I.R. No.8/2016 dated 19.10.2016 registered under Sections 420, 467, 468, 471 of the Pakistan Penal Code 1860 and Section 5(2) of the Prevention of Corruption Act 1947 at Police Station Anti-Corruption, Layyah. The core legal question concerned whether the petitioner made out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 given the delayed reporting, unspecified time of occurrence, lack of previous criminal record, and incomplete clarity regarding his specific culpability compared to the primary allottee. The Lahore High Court accepted the bail petition, holding that the petitioner's culpability required further probe, investigation was complete, trial had not progressed, and prolonged incarceration without progress of trial amounted to preventive punishment. The court established that where the mode and manner of alleged fraud and the direct culpability of an accused who is a subsequent transferee require deeper appreciation, and investigation is finalized without a prospect of an immediate trial, the case falls within the ambit of further inquiry under Section 497(2) warranting the grant of post-arrest bail.
- Whether post-arrest bail can be granted when the mode and manner of the alleged fraud require further probe under Section 497(2) of the Code of Criminal Procedure 1898?
- Does prolonged incarceration without progress at trial justify the grant of bail as a preventive measure against advance punishment?
- Whether an accused who is a subsequent transferee of land can be admitted to bail when the primary beneficiary is neither arrested nor challaned?
- Section 420, Pakistan Penal Code 1860
- Section 467, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Muhammad Tariq, petitioner has sought post-arrest bail in case registered vide F.I.R. No.8/2016 dated 19.10.2016, under Sections 420, 467, 468, 471, P.P.C. read with Section 5(2) of the Prevention of Corruption Act, 1947,. at Police Station Anti-Corruption, Layyah.
2. Allegedly , the petitioner along-with his co-accused committed forgery and caused huge loss to the public exchequer .
3. Heard. Record perused.
4. A review of the record demonstrates that no date and time of occurrence find mentioned in the F.I.R. The occurrence, however , took place in the year 2014 and the incident was reported on 19.10.2016. The record divulged that consequent to the alleged forgery one Faiz was allotted 48 Kanals of land, who, allegedly , transferred 16 Kanals of land to the petitioner . The Investigation Officer present with record apprised that said Faiz was a senior citizen, neither challaned nor arrested, thus, culpability of the petitioner needs serious consideration. The mode and manner of fraud allegedly committed by the petitioner cannot be gathered from the available material.
The petitioner has got no previous record and, thus, would be believed as first offender . He is in jail since his arrest and his long incarceration would not serve any purpose to the prosecution, in particular , when the investigation is complete. The trial also has not witnessed any progress. Nobody can be detained in jail by way of advance punishment and speedy trial is the right of the accused. The case of the petitioner , in the circumstances, needs thorough probe within the meaning of Section 497(2), Cr.P.C, thus, I am inclined to exercise my discretion in favour of the petitioner .
4. In view of the above, the application is accepted and the petitioner is admitted to 'post--arrest bail subject to his furnishing bail bonds in the sum of Rs.2. 00,000/- with one surety in the like amou nt to the satisfaction of learned trial Court/ duty judge.