MUHAMMAD IQBAL Versus THE STATE
This is a post-arrest bail application filed on behalf of Muhammad Tariq in case F.I.R. No. 483 of 1999 registered under sections 392 and 411 of the Pakistan Penal Code 1860 at Police Station Saddar Bhakkar. The core legal question concerns whether the petitioner is entitled to bail when he was not named in the initial F.I.R. and was subsequently implicated through a supplementary statement without holding an identification parade. The Lahore High Court accepted the petition and held that the legal effect of the supplementary statement requires further inquiry at trial, thus bringing the case within the ambit of subsection (2) of section 497 of the Code of Criminal Procedure 1898. The key principle laid down is that the evidentiary value of a belated supplementary statement implicating an accused not named in the F.I.R., coupled with the absence of an identification parade, warrants further inquiry into the guilt of the accused, entitling them to post-arrest bail.
- Does the implication of an accused in a supplementary statement without an identification parade warrant further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Is an accused not named in the initial F.I.R. entitled to post-arrest bail when the recovery is joint and no identification parade is held?
- Section 392, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
This is an' application for bail after arrest on behalf of Muhammad Tariq petitioner in case F.I.R. No.483 of 1999, dated 25‑10‑1999 under sections 392 and 411, P.P.C. registered at Police Station, Saddar Bhakkar.
2. According to the F.I.R. three persons namely Riaz Khan, Zahoor Ahmad and Manzoor Ahmad snatched the motorcycle of the complainant an also took away Rs.200 from him.
S. Learned counsel for the petitioner submits that petitioner was arrested in this case on 9‑11‑1999, that he was not named in the F.I.R., that recovery if any is of joint nature, that petitioner is not a previous non -convict.
4. On the other hand, learned counsel for the State submits that petitioner has been named by the complainant in his supplementary statement.
5. I have heard learned counsel for the parties. In the instant case, petitioner is not named in the F.I.R., no identification parade has been held, that supplementary statement which was recorded by the police in which petitioner has been named by the complainant, its legal effect will be seen at the time of trial, therefore, case of the petitioner is covered by subsection (2) of section 497, Cr.P.C., which requires further inquiry into the guilt of the petitioner. This petition is accepted. Petitioner is allowed bail in the sum of Rs.30,000 (Thirty thousand) with one surety in the like amount to the satisfaction of trial Court.
H.B.T./M‑235/L Bail granted.