ROZDAR KHAN Versus State
This petition for post-arrest bail arises from F.I.R. No. 320, involving allegations under sections 419, 420, 463, 468, and 471 of the Pakistan Penal Code 1860, read with section 5(2) of the Prevention of Corruption Act 1947. The core legal question was whether the petitioner, who was not named in the F.I.R. and whose alleged involvement was based solely on a co-accused's statement regarding the identification of a deceased person during the issuance of a Fard Milkiyat, was entitled to bail. The Court held that the petitioner was not a beneficiary of the alleged fraudulent land transaction, nor was he a witness to it. Given that the investigation was finalized and a challan submitted, the Court determined that further incarceration would serve no purpose. Consequently, the Court granted bail, holding that the petitioner's vicarious liability and the sharing of common intention with co-accused were matters requiring further inquiry under section 497(2) of the Code of Criminal Procedure 1898, thereby satisfying the statutory threshold for bail.
- Whether the identification of a person by an accused who is not named in the F.I.R. constitutes sufficient grounds to deny bail when the investigation is complete?
- Does the question of vicarious liability and common intention in a criminal case warrant the grant of bail under the principle of further inquiry?
- Is continued physical custody of an accused justified after the submission of a challan when the accused is not a primary beneficiary of the alleged offence?
- Section 419, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 463, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
- Section 497(2), Code of Criminal Procedure 1898
ORDER
ASIF SAEED KHAN KHOSA, J.--- Through this petition Rozdar Khan petitioner has sought post-arrest bail in case F.I.R. No.320 registered at Police Station B-Division, Kasur on 22-8-2003 for offences under sections 419/420/463/468/ 471, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the petitioner had not been nominated in the F.I.R. in any capacity whatsoever and his name had been introduced in this case through a statement made by a co-accused during the investigation of this case. Admittedly the petitioner had no role to play in the actual sale or purchase of the relevant parcel of land, he was not a witness to any transaction of sale or purchase and he was not even a beneficiary of any such sale or purchase. The allegation being levelled by the prosecution against the petitioner is that he had identified a person at the time of issuance of a Fard Milkiyat by a Patwari and at- the time of such identification the said person was already dead. Such an alleged identification of a person at the time of issuance of a Fard Milkiyat was merely secondary to the main allegation levelled against the co-accused of the petitioner regarding the actual sale and purchase of the relevant piece of land. The investigation of the case has already been finalized and a challan has been submitted and, thus, continued physical custody of the petitioner in jail is not likely to serve any beneficial purpose at this stage.
3. In the above mentioned peculiar circumstances of this case the question regarding sharing of common intention by the petitioner with his co-accused as also the question regarding his vicarious liability for the offences allegedly 'committed by his co-accused are questions which require further inquiry within the purview of subsection (2) of section 497,'Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./R-17/L Bail granted.