MUHAMMAD RAFIQUE Versus State
This is a criminal petition under Section 497 of the Code of Criminal Procedure 1898 wherein the petitioner sought post-arrest bail in respect of case F.I.R. No. 126 registered under Sections 302, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to post-arrest bail given that he was attributed ineffective firing, declared innocent during police investigation, and no recovery was effected from him. The Lahore High Court held that the petitioner made out a case for further inquiry and bail, noting that he was attributed only ineffective firing, found innocent during investigation, and that bail cannot be withheld as punishment. The petition was accordingly accepted and the petitioner admitted to bail.
- Is an accused person entitled to post-arrest bail when attributed only ineffective firing and declared innocent during police investigation?
- Can bail be withheld as a punishment in criminal cases?
- Section 497, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
IJAZ AHMAD CHAUDHRY, J.- - Through this petition under section 497, Cr.P.C., the petitioner seeks bail after arrest in case F.I.R. No.126 dated 29-4-2005, registered under sections 302/ 148/149, P.P.C. at Police Station, Saddar Pasrur District Sialkot on the application of Zulfiqar Ali.
2. The brief allegation against the petitioner is that he while armed with rifle and Abdur Rehman co-accused who was armed with Sota along with others had committed the murder of Muhammad Boota father of the complainant.
3. Learned counsel for the petitioner contends that the petitioner has been declared innocent during the investigation by the police and nothing has been recovered from his possession and only allegation against him is of ineffective firing, hence, he may be enlarged on bail.
4. On the other hand learned counsel for the State has opposed this petition on this ground that the petitioner is named in the F.I.R. and he had participated in the occurrence and offence falls within the prohibitory clause of section 497, Cr.P.C.
5. I have heard the learned counsel for the parties and perused the record with due care and caution.
6. The petitioner is attributed only ineffective firing and he has been declared innocent during the investigation by the police and nothing has been recovered from his possession. In such circumstances keeping the petitioner in jail will serve no useful purpose for the prosecution and there is no likelihood of the conclusion of the trial in near future. Even otherwise., bail cannot be withheld as a punishment as is laid down in a case reported in PLD 1972 SC 82. Hence, this application is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (rupees one lac only) with two sureties each in the like amount to the satisfaction of the learned Illaqa/Judicial Magistrate.
H.B.T./M-471/L ????????????????????????????????????????????????????????????????????????????????? Bail granted.