Muhammad Shafi vs State and another
The petitioner, Muhammad Shafi, sought post-arrest bail in case FIR No. 112 dated 06.05.2017, registered under Sections 496-A and 376 of the Pakistan Penal Code 1860 at Police Station Makhdoom Pur, District Khanewal, on allegations of abduction for the purpose of rape. The core legal question was whether the petitioner made out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The Lahore High Court observed that there was an unexplained delay of eleven days in lodging the FIR, no Medico-Legal Certificate of the victim was available, the petitioner was found innocent during investigation resulting in a cancellation report, and he had been incarcerated since 01.02.2021 without any utility in further detention. The Court held that the case fell within the purview of further inquiry, allowing the petition and admitting the petitioner to post-arrest bail. The key principle laid down is that where an accused is found innocent during investigation, a cancellation report is submitted, and no useful purpose is served by prolonged incarceration, the case warrants further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 for the grant of bail.
- Does an unexplained delay in lodging the FIR combined with the submission of a cancellation report warrant post-arrest bail under section 497(2) of the Code of Criminal Procedure 1898?
- Whether the absence of a Medico-Legal Certificate on the police file supports a case for further inquiry in a charge of abduction and rape?
- Can an accused who was found innocent during the police investigation be kept behind bars for an indefinite period when no useful purpose is served?
- Section 496-A, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Muhammad Shafi, petitioner seeks post arrest bail in case FIR No. 112 dated 06.05.2017 offence under Sections 496-A and 376, PPC registered at Police Station Makhdoom Pur District Khanewal.
2. As per version of the prosecution in the FIR, the petitioner along with his co-accused abducted Mst. Rehana alias Razia daughter of complainant for the purpose of committing rape with her .
3. Arguments heard. Record perused.
4. According to the FIR, the alleged incident took place on 25.04.2017 whereas the case was got registered on 06.05.2017 i.e. with the delay of about eleven days, without there being any satisfactory explanation. The allegation against the petitioner is that he along with his co-accused abducted the alleged victim for the purpose of committing rape with her. No MLC of the alleged victim is available on the police file. Learned Law Officer under instructions and after perusal or record has apprised the Court that during investigation, the complainant and the alleged victim could not produce any proof with regard to the involvement of petitioner and he was found innocent, resultantly a cancellation report was submitted in this case but the same' was not agreed to by the learned Magistrate. The petitioner is behind the bars since 01.02.2021 and no more required for the purpose of investigation. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period.
5. Considering all these circumstances, case of the petitioner calls for further inquiry within the ambit of sub-section
(2) of Section 497, Code of Criminal Procedure. This petition is, therefore, allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfactio n of learned trial Court. Before parting with this order , it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial Court in any manner , whatsoever .