SHAUKAT ALI Versus THE STATE
This is a post-arrest bail application filed by the petitioner Shaukat Ali in case F.I.R. No. 410 dated 9-9-1999 registered under sections 395, 458, and 380 of the Pakistan Penal Code 1860 read with section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 at Police Station Rajana, District Toba Tek Singh. The core legal question was whether the petitioner was entitled to post-arrest bail considering the delay in lodging the F.I.R., the lack of recovery of stolen property, and the case being based on mere suspicion. The Lahore High Court held that since the complainant merely suspected the petitioner, no stolen property was recovered from him, a co-accused faced a similar situation where the complainant submitted an exonerating affidavit, and there was an unexplained delay of 20 days in lodging the F.I.R., the petitioner's case fell within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. Consequently, the court admitted the petitioner to post-arrest bail, laying down the principle that cases founded upon unverified suspicion, unexplained delay in reporting, and absence of recoveries warrant further inquiry in favor of the accused.
- Whether post-arrest bail can be granted when the F.I.R. is lodged with an unexplained delay and the case against the accused is based on mere suspicion?
- Does the absence of recovery of alleged stolen property during investigation make a case one of further inquiry under criminal law?
- Whether an accused who was previously declared an absconder can be granted bail if the evidentiary foundation of the prosecution relies merely on suspicion?
- Section 395, Pakistan Penal Code 1860
- Section 458, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
This is bail after arrest application in case F.I.R. No. 410 of 1999, dated 9‑9‑1999, under sections 395/458/380, P.P.C. read with section 10, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, of Police Station , Rajana, District Toba Tek Singh.
2. According to the, prosecution allegations on the night between 19/20‑8‑1999, while complainant alongwith his family members was asleep in the courtyard of his house, five culprits armed with fire arms including the petitioner, who was armed with pistol, entered his house and they captured the inmates and also outraged the modesty of the complaint's wife and thereafter they took away golden ornaments and cash amount of Rs.600 and other household articles such as T.V., ceiling fan. On the alarm raised by the family members of the complainant, other residents of the area were attracted and seeing them, they escaped from the scene of occurrence.
3. The petitioner was arrested in this case on 30‑5‑2003 as he was declared absconder. During the investigations, no alleged stolen property could be recovered from him. The record reveals that during the investigations, the complainant had merely suspected the petitioner and his other co‑accused to be the culprits and was not definite about their identity. During the course of investigations, Bashir co‑accused who was also allegedly armed with pistol, was arrested and about him the complainant had submitted an affidavit exonerating him from the occurrence. The F.I.R. in this case had been also lodged with a delay of 20 days for which no plausible explanation is available. As the police record is suggestive of the fact that this case has been built up against .the petitioner on the basis of suspicion, therefore, his case appears to be a matter of further inquiry and as such, he is admitted A to bail provided he furnishes bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./S‑64/L Bail granted
Cited by 1 case
- Mst. SAJIDA alias SAJO vs THE STATE 2005 YLR 649