Riaz Ahmad vs The State, etc
This matter comes before the Supreme Court of Pakistan through a petition for leave to appeal against the order of the Lahore High Court, which had refused post-arrest bail to the petitioner in a case registered under Section 161 of the Pakistan Penal Code 1860 and Section 5 of the Prevention of Corruption Act 1947. The core legal question concerns the entitlement of the accused to post-arrest bail when the alleged offences fall outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and when the accused has been incarcerated for a considerable period with no further recoveries pending. The court held that since the offences do not fall within the prohibitory clause and nothing remains to be recovered, the case falls under the principle that grant of bail is the rule and refusal is the exception. Consequently, the court converted the petition into an appeal, allowed it, and admitted the appellant to bail subject to furnishing requisite security.
- Whether bail should be granted when the alleged offences fall outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does the absence of any expected recovery from the accused justify the grant of post-arrest bail?
- Is the refusal of bail an exception in cases where offences do not fall within the prohibitory clause?
- Section 161, Pakistan Penal Code 1860
- Section 5, Prevention of Corruption Act 1947
- Section 497, Code of Criminal Procedure 1898
ORDER
M ANZOOR AHM AD M ALIK, J. Impugned herein is the order dated 28.01.2019. whereby bail was refused to the petitioner by the learned Lahore High Court, Lahore in case FIR No. 24 dated 18.19.2018, offence under Section 161, PPC and Section 5 of the Prevention of Corruption Act, 1947, registered at Police Station ACE Region, Sargodha.
2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that the offences alleged against the petitioner fall outside the prohibitory clause of Section 497, Code of Criminal Procedure. The petitioner is behind the bars since 18.10.2018 and nothing is to be recovered from him. In such like cases, grant of bail is a rule and refusal an exception.
3. For the foregoing, the instant petition is converted into an appeal and the same is hereby allowed. The appellant-Riaz Ahmad is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of. Rs. 100,000/- (One hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.