GHULAM QADIR Versus State
This criminal bail application arises from Crime No.20 of 2005 registered at Police Station Shahdadpur under Section 400 of the Pakistan Penal Code 1860, wherein the applicant was accused of belonging to a gang of dacoits based on the recovery of three chits allegedly written by a notorious dacoit. The core legal question was whether tentative assessment of the prosecution's evidence justified withholding post-arrest bail where the evidentiary value and probability of proving the handwriting of an absconding dacoit were practically impossible. The Sindh High Court held that the case was one of absurd nature with virtually no plausible evidence to connect the applicant to the alleged crime. The court established the principle that where prosecution evidence relies entirely on unprovable facts beyond the reach of law enforcement, and previous involvement resulted in acquittal, further incarceration is unjustified, and post-arrest bail must be granted.
- Whether post-arrest bail should be granted when the prosecution case rests on evidence that is practically impossible to prove during trial?
- Does the recovery of chits allegedly written by a notorious dacoit constitute sufficient grounds to deny bail under Section 400 of the Pakistan Penal Code 1860?
- Section 400, Pakistan Penal Code 1860
ORDER
1. MUHAMMAD MOOSA K. LEGHARI, J.-- -The applicant has been roped by the police in a case Crime No.20 of 2005, Police Station Shahdadpur registered under section 400, P.P.C., A alleging that he belonged to the gang of dacoit, as three chits allegedly written by the notorious dacoit to various persons were found in his possession.
2. Learned A.A.-G. though feeling himself uncomfortable, supported the order passed by learned Incharge Additional Sessions Judge, Shahdadpur, whereby he rejected the bail of the applicant on the ground that since he was found in possession of chits and was also involved in a case of similar nature registered in the year 2002.
3. Learned counsel for the applicant has stated at the bar that the accused/applicant stood acquitted in the said case.
4. Bare perusal of the F.I.R. would tentatively reveal that this is a absurd case of absolutely no evidence. The guilt of the applicant can only be brought home, inter alia, if the chits are proved to have been written by the notorious dacoit, named in the F. I. R. and were handed over by him to the applicant for distribution/service. It is not understandable as to how the prosecution can prove the above facts. Whether the said dacoit has been cited as P.W. or whether his attendance could be secured by the police or trial Court for recording such evidence positively. Such task appears to be beyond the reach of the police either to produce such dacoit in evidence to prove his handwriting and the signatures. Unfortunately due to ineptness, ignorance and incompetence on the part of Additional Sessions Judge who passed the impugned order, such aspect of the case went out of his mind, which he ought to have attended to, as a Senior Judicial Officer.
5. Under these circumstances, the applicant is granted bail in the sum of Rs.50,000 (fifty thousand) and P.R. bond in the like amount, to the satisfaction of trial Court.
6. Before parting with this order, it must be observed that such cases nowa days are being frequently registered by the police and the lower judiciary appears to have become only a silent spectator. This is sorry state of affairs. The Judge concerned failed to discuss the citations referred before him, which is again an undesirable act on his part. In the circumstances, the Judge needs strong note of caution to be careful, which should be conveyed to him under intimation to this Court.
7. H.B.T./G-64/K Bail granted.