ZULFIQAR ALI Versus THE STATE
This matter concerns a post-arrest bail application filed by the accused in a case involving allegations of dacoity and theft. The prosecution alleged that the applicants, armed with deadly weapons, entered the complainant's house, threatened the inmates, and stole buffaloes. The core legal question was whether the applicants were entitled to bail pending trial given the evidentiary gaps in the prosecution's case. The Court observed that no weapons were recovered from the applicants, no specific overt act was attributed to them, and the police failed to prepare a Mashirnama for the location where the stolen property was allegedly recovered. Considering these circumstances, the Court held that the guilt of the applicants required further inquiry, which is a ground for the grant of bail under the relevant criminal procedure framework. Consequently, the bail application was allowed, and the applicants were ordered to be released upon furnishing surety bonds to the satisfaction of the Deputy Registrar. The decision reinforces the principle that where the prosecution's case lacks specific incriminating evidence or procedural documentation, the accused is entitled to the benefit of further inquiry.
- Does the failure of the police to prepare a Mashirnama for the recovery of stolen property constitute a ground for further inquiry in a bail application?
- Is the absence of an overt act attributed to an accused person a valid consideration for the grant of bail?
- Can bail be granted when the prosecution concedes to the application in the circumstances of the case?
- Section 497, Code of Criminal Procedure 1898
ORDER
1. It is alleged in the F.I.R. that six persons including the applicants, armed with deadly weapons entered the house of the complainant by causing aperture in the wall of the house and on the point of fire-arms untied two of the buffaloes from the cattle pen and took away the same. The complainant and other inmates of the house woke-up but they were threatened at the point of fire-arms to keep quiet. It is stated in the F.I.R. that after departure of the accused the complainant party chased them and in village Mehrabpur, they found the buffaloes in the house of Irshad Ali. The accused person ran away whereupon they brought the buffaloes to their house and then complainant Ghulam Hyder lodged F.I.R. at Police Station Rasheed Wagan describing the names of assailants. According to him the culprits were identified in the light of electric bulb. The applicants were arrested on 20-2-2003.
2. I have heard Mr. Nisar Ahmed Abro learned counsel for applicant and Mr. Ali Azher Tunio learned Assistant A.-G. for State.
3. Learned counsel for applicant contended that no Mashirnama of the place from where the buffaloes were allegedly secured was prepared by police but only the house of complainant, was inspected where the buffaloes were standing. He contended that no weapon has, been secured from the applicant and no overt act has been ascribed to him. Mr. Ali Azher Tunio learned Assistant A.G. conceded to grant of bail in the circumstances of the case.
4. In view of the facts and circumstances discussed above, the guilt of applicants calls for further enquiry. The bail plea is accepted and the application is allowed. The applicant be released on furnishing surety in the sum of Rs.50,000 with one surety each and P.R. bond in the like amount to the satisfaction of Deputy Registrar of this Court.
5. H.B.T./Z-46/K Bail granted.