ABDUL RASHID Versus State Tariq Zulfiqar Ahmad Chaudhry
This matter comes before the Lahore High Court through a criminal petition for post-arrest bail filed by the petitioner, Abdul Rashid, in relation to case F.I.R. No. 40 dated 5 March 2006 registered under Section 377 of the Pakistan Penal Code at Police Station Rojhan, District Rajanpur. The core legal question concerns whether the petitioner is entitled to post-arrest bail considering the circumstances of the case, the nature of the evidence, and the statutory period of incarceration. The court holds that, despite the heinous nature of the offence, bail should be granted because all prosecution witnesses are police employees and the case rests primarily on an alleged confession made before the police, rendering the likelihood of conviction remote at this stage. Consequently, the petition is accepted, and post-arrest bail is granted to both the petitioner and his co-accused upon furnishing appropriate surety bonds. The key principle laid down is that where the evidentiary foundation of a case heavily relies on police witnesses and alleged police confessions creating doubt regarding the likelihood of conviction, further incarceration is not warranted.
- Whether post-arrest bail can be granted when the primary evidence consists of an alleged confession before the police and police witnesses?
- Does the heinous nature of an offence alone bar an accused from being released on post-arrest bail?
- Is bail warranted when there is no immediate likelihood of conviction based on the available record?
- Section 377, Pakistan Penal Code 1860
ORDER
MUHAMMAD JEHANGIR ARSHAD, J .---Petitioner seeks post-arrest bail in case F.I.R. No.40, dated 5-3-2006 under section 377, P.P.C. P.S. Rojhan, District Ranjanpur. In view of the order I propose to pass in this petition, narration of facts is not required.
2. After hearing learned counsel for the petitioner, it noticed is that petitioner alongwith his co-accused Muhammad Ramzan are behind the bars since 5-3-2006, challan has been sent to the concerned Court and Muhammad Ramzan co-accused below 18 years of age. Although both the accused are involved in a heinous offence yet as all the witnesses are police employees and case has been built up against them on the basis of alleged confession by them before the police, therefore, at present there is no likelihood of their conviction. This petition therefore, is accepted and petitioner Abdul Rashid as well as his co-accused Muhammad Ramzan, both are allowed post-arrest bail on their furnishing bail bonds in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of learned trial Court.
3. Copy of this order be immediately sent to the Superintendent, Central Jail, Dera Ghazi Khan who shall ensure that Muhammad Ramzan co-accused of the above mentioned F.I.R. is informed about grant of bail to him and said accused' Muhammad Ramzan may also arrange for furnishing of requisite sureties.
H.B.T./A-235/L Bail granted.