Haji Qasim Khan vs The State through D.A.G.
This petition for leave to appeal challenged the order of the Peshawar High Court, which had refused bail to the petitioner in a criminal case registered under sections 419, 420, 468, 471, and 109 of the Pakistan Penal Code 1860, read with section 14 of the Foreigners Act 1946. The prosecution alleged that the petitioner, an Afghan national, had fraudulently obtained Pakistani Computerized National Identity Cards. The core legal question before the Supreme Court was whether the petitioner was entitled to the grant of post-arrest bail given the circumstances of the case. Upon review, the Court noted that the Deputy Attorney General confirmed the petitioner had already been acquitted of substantially the same offence in a separate trial. Consequently, the Court held that the petitioner's case fell within the scope of further inquiry as contemplated by the Code of Criminal Procedure 1898. The Supreme Court allowed the appeal and admitted the petitioner to bail, establishing the principle that where a previous acquittal for the same offence is confirmed, the case warrants further inquiry under the bail provisions.
- Does a previous acquittal for the same offence entitle an accused to bail under the principle of further inquiry?
- Is the question of whether an accused can be prosecuted again for the same offence a matter to be determined by the trial court after evidence?
- Does the case of an accused who has already been acquitted of the same offence fall within the ambit of section 497(2) of the Code of Criminal Procedure 1898?
- Section 419, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 14, Foreigners Act 1946
- Section 497(2), Code of Criminal Procedure 1898
ORDER
MANZOOR AHMAD MALIK, J.---Through this petition, the petitioner has called in question the order dated 24.11.2017, whereby bail was refused to him by the learned Peshawar High Court, Peshawar in case FIR No.68 dated 25.10.2017, offence under sections 419, 420, 468, 471, 109, P.P.C. read with section 14 of the Foreigners Act, registered at Police Station FIA/ACC, Peshawar.
2. The prosecution case against the petitioner, as per FIR, is that the petitioner being Afghan national fraudulently obtained Pakistani CNICs.
3. We have heard learned counsel for the parties at length and have perused the available record with their assistance.
4. During the course of arguments, it has been confirmed by the learned Deputy Attorney General that for almost the same offence, the petitioner has already been acquitted by the learned trial Court. In these circumstances, the question whether the petitioner can be prosecuted again for the same offence cannot be answered in these proceedings and it is the domain of the learned trial Court to determine the aforesaid question, of course, after recording of evidence produced by the parties. For the moment, the case of the petitioner calls for further inquiry within the ambit of section 497(2), Code of Criminal Procedure.
5. For the foregoing, this petition is converted into an appeal and the same is allowed. Appellant Haji Qasim Khan is admitted to bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.500,000/- (five hundred thousand) with two sureties each in the like amount to the satisfaction of the learned trial Court.
Cited by 1 case
- Lal Muhammad and another vs The State and another 2023 YLR 1754