SAQIB JAMEEL, etc vs STATE, etc
This matter concerns a petition for post-arrest bail filed by the petitioners in a criminal case registered under Section 366-A of the Pakistan Penal Code 1860, involving allegations of the procuration of a minor girl. The core legal question was whether the petitioners were entitled to bail given the circumstances of the investigation and the evidence presented. Upon review, the Court observed an unexplained 21-hour delay in reporting the incident, the absence of any recovery from the petitioners, and the lack of specific overt acts attributed to them. Furthermore, the medical report indicated no attempt of rape, and the investigation was complete. The Court held that the petitioners' culpability required further inquiry at trial, and their continued incarceration would amount to advance punishment. Consequently, the Court admitted the petitioners to post-arrest bail. The judgment reinforces the principle that where the prosecution's case requires further inquiry into the guilt of the accused within the meaning of Section 497(2) of the Code of Criminal Procedure 1898, and where investigation is complete, the accused should not be detained indefinitely pending trial.
- Does an unexplained delay in reporting an incident justify the grant of post-arrest bail?
- Can an accused be granted bail when the investigation is complete and no recovery has been effected?
- Is the detention of an accused pending trial considered advance punishment when the case requires further inquiry?
- Section 366-A, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
The petitioners seek post-arrest bail in case registered vide No.32/2019 dated 15.01.2019, under Section 366-A, P.P.C., at Police Station Sadar Farooqabad, Sheikhupura.
2. Allegation, against the petitioners is that of procuration of minor girl.
3.. After hearing the learned counsel for the parties and perusing the record, it was noticed that the occurrence took place on 14.01.2019 and the incident was reported on 15.01.2019 with unexplained delay of about 21 hours. No recovery was effected from the petitioners. They have not been attributed any overt act leading towards commission of the crime. Even according to the medical report there was no attempt of rape. During the investigation statement of Adil son of Jameel was not reduced, into writing. This would be a moot question for the learned trial Court to adjudge after recording evidence at trial if Section 366-A, P.P.C. is attracted in this case, thus, question regarding culpability of the petitioners requires serious consideration. The speedy trial is the right of the accused and nobody can be detained in jail by way of advance punishment. The petitioners are in jail since their arrest and their long incarceration would, not serve any purpose to the prosecution, in particular , when the investigation is complete. The case of the petitioners, in the circumstances, needs thorough probe within the meaning of Section 497(2), Cr .P.C.
4. For the foregoing reasons, the application is accepted and the petitioners are admitted to post-arrest bail subject to their furnishing bail bonds in the sum of Rs.2,00,000/- each with one surety in the like amount to the satisfaction of learned trial Court/duty judge.