Abdul Rehman vs State etc.
This matter arises from a petition filed under Section 497 of the Code of Criminal Procedure 1898 through which the petitioner, Abdul Rehman, sought post-arrest bail in case FIR No. 548 registered under Section 17/22 of the Emigration Ordinance 1979 at Police Station FIA Faisalabad. The core legal question concerns whether the petitioner was entitled to post-arrest bail where the monetary amount was allegedly paid to a co-accused, no incriminating material was recovered during physical remand, and the prosecution's case rested entirely on documentary evidence already in its possession. The Lahore High Court held that the case fell within the purview of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, as the petitioner was no longer required for investigation and continued incarceration would serve no useful purpose. The petition was consequently allowed, admitting the petitioner to post-arrest bail subject to surety bonds, laying down the principle that tentative assessment at the bail stage warrants relief where evidence is documentary, recovery is complete, and a co-accused has already been granted bail.
- Whether post-arrest bail should be granted when the entire documentary evidence is already in possession of the prosecution and no tampering is likely?
- Does a case fall within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 when no incriminating evidence is recovered during physical remand?
- Whether a petitioner is entitled to bail on the rule of consistency when a co-accused facing similar allegations has already been granted bail?
- Section 497, Code of Criminal Procedure 1898
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
ORDER
Through this petition u/S. 497, Cr.P.C., petitioner Abdul Rehman, seeks post arrest bail in case FIR No. 548 dated 07.12.2016 registered u/S. 17/22 of Emigration Ordinance 1979, at Police Station F .I.A. Faisalabad.
2. As per crime report the allegation against the petitioner is that he along with his co-accused extracted Rs.
14,90,000/- from the complainant in order to send his brothers Munir Rehman, Muzamal Rehman and brother-in- law Azeem Abbas to Saudi Arabia but when they reached Saudia Arabia no employment was provided to them, who returned back to Pakistan.
3. Heard. Record perused.
4. This is petition for post-arrest bail and only tentative assessment is to be made and deeper appreciation or evaluation of evidence at bail stage is neither desirable nor permissible. It divulges from record that admittedly the entire amount was paid to Muhammad Saleem co-accused, who has already been allowed bail by learned trial Court. Though the petitioner has been grilled during physical remand but no incriminating evidence could be extracted from him. The entire evidence, so far collected by the police is based upon documentary evidence, which is already in the possession of the prosecution and there is no likelihood of tempering with the same by the accused/petitioner . Reliance is placed on the case titled "Saeed Ahmad vs. The State" (1996 SCMR 1132). The involvement of the petitioner in the instant case would be determined by the trial Court after recording evidence. In view of the above, the case of the petitioner calls for further inquiry falling under sub-section (2) of Section 497, Cr.P.C. The petitioner is behind the bars and is no more required for further investigation. Keeping the petitioner behind the bars for an indefinite period would not serve any useful purpose for the prosecution.
5. For what has been discussed above, this petition is allowed and petitioner Abdul Rehman, is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (rupees two lac) with one surety in the like amount to the satisfaction of the learned trial Court.