Khizar Abbas vs State etc
This matter concerns a petition for post-arrest bail filed by the accused, Khizar Abbas, in connection with FIR No. 410 registered at Police Station Kot Chutta, District Dera Ghazi Khan, for offences under Sections 394, 511, 337-F(iii), 337-F(iv), 337-F(v), and 201 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail given the circumstances of the identification and the lack of recovery of incriminating items. The Court observed that the crime report initially described the culprits as unknown and muffled-faced, rendering the subsequent test identification parade subject to determination by the trial court. Furthermore, the prosecution failed to recover the alleged motorcycle or the crime weapon during the petitioner's physical custody. Consequently, the Court held that the petitioner's case fell within the scope of further inquiry into his guilt. The Court granted post-arrest bail, establishing the principle that where identification is questionable and incriminating evidence remains unrecovered, the accused is entitled to bail under the provisions of the Code of Criminal Procedure 1898, as continued incarceration serves no useful purpose.
- Does the failure to recover the crime weapon and vehicle during physical custody constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can an accused be granted post-arrest bail when the initial crime report describes the culprits as unknown and muffled-faced?
- Is the credibility of a test identification parade a matter for the trial court to determine during the bail stage?
- Section 394, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 337-F(iv), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Khizar Abbas, petitioner seeks post arrest bail in case FIR No. 410 dated 13.09.20 20, offence under Sections 394, 511, 337-F(iv), 337-F(v), 337-F(iii)and 201 PPC registered at Police Station Kot Chutta District Dera Ghazi Khan.
2. The allegation against the petitioner is that he along with his co-accused in an attempt to snatch amount and mobile phone from the complainant, on his resistance, caused him firearm injuries.
3. Heard. Perused.
4. As per crime report, the occurrence was committed by two unknown culprits with muffled faces. No other description of the culprits is given in the crime report in view of which the credibility of the identification of the petitioner during test identification parade on 06.10.2020 yet requires determination by the learned trial Court.
During the physical custody of the petitioner neither the motorcycle CG-125 Honda nor the crime weapon pistol both used for perpetration of alleged offence could be recovered at the instance of the petitioner . These circumstances make the case of the petitioner one of further inquiry into his guilt entitling him to the grant of post arrest bail under Section 497(2) of the Code of Criminal Procedure, 1898. Learned Prosecutor could not refer any previous criminal record of the petitioner . Keeping the petitioner incarcerated till indefinite period is neither likely to serve any useful purpose nor seems justified.
For what has been discussed above, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court.