Umar Zia and another vs State and another
This petition for post-arrest bail arises from FIR No. 510 dated 08.06.2020, registered at Police Station Gallah Mandi, Sahiwal, involving allegations of attempted sodomy and filming the incident under Sections 377, 511, and 292-C of the Pakistan Penal Code 1860. The core legal question before the court was whether the petitioners were entitled to bail given the evidentiary status of the case at the pre-trial stage. The court observed that the FIR was initiated based on police information, and crucially, the alleged victim had not surfaced, nor was there any statement recorded under Section 161 of the Code of Criminal Procedure 1898. Consequently, the court held that the case against the petitioners fell within the scope of further inquiry. Emphasizing that the petitioners were no longer required for investigation and that continued incarceration as under-trial prisoners would serve no useful purpose, the court accepted the petition and granted bail. The judgment reinforces the principle that the absence of key witness statements or victim testimony at the investigation stage can render a case one of further inquiry, justifying the grant of bail.
- Does the absence of a victim's statement under Section 161 of the Code of Criminal Procedure 1898 make a case one of further inquiry for the purpose of bail?
- Is a petitioner entitled to post-arrest bail when they are no longer required for investigation purposes?
- Section 377, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 292-C, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
ORDER
This petition has been moved by Umar Zia and Syed Nasrullah Shah accused in case FIR No. 510 dated 08.06.2020 for the offences under Sections 377/51 1, 292-C, PPC registered at Police Station Gallah Mandi, Sahiwal seeking post arrest bail.
2. Arguments heard and record perused.
3. Allegation against petitioners as per FIR is that they made an attempt to commit sodomy with one Waqar Ali Shah and filmed the incident. FIR was registered on the complaint made by Shahi d Mahmood ASI who proceeded on the basis of spy information. Alleged victim Waqar Ali Shah has not come to surface so far as there is not available on record his statement under Section 161, Cr.P.C. This sole factum makes the case against petitioners one of further inquiry . Petitioners are behind the bars and are no more required the purpose of investigation. Their further incarceration as under-trial prisoners at this stage would serve no useful purpose. For the reasons recorded above, this petition it accepted and petitioners be released on bail, subject to their furnishing bail-bonds in the sum of Rs. 1,00,000/- each with one surety each in the like amount to the satisfaction of trial Court.