ABDUL HAQ alias MIRZA Versus THE STATE
This matter concerns a petition for post-arrest bail filed by the accused, Abdul Haq alias Mirza, in connection with F.I.R. No. 413 of 2000. The core legal question was whether the petitioner was entitled to bail given the conflicting findings of the investigating officers regarding his presence at the scene of the crime and his alleged role. The investigation conducted by the S.H.O. and the local S.D.P.O. concluded that the petitioner was not present at the place of occurrence. Although a subsequent investigating officer, the D.S.P. (Saddar), opined that the petitioner was present, he noted that the petitioner played no substantial role in the commission of the crime. Furthermore, no recovery was effected from or at the instance of the petitioner, and he was placed in Column No. 2 of the challan. The Court held that, in view of these circumstances, the petitioner was entitled to the concession of bail. Consequently, the Court granted the bail application, subject to the petitioner furnishing security in the sum of Rs. 50,000 with two sureties.
- Is an accused entitled to bail when investigating officers provide conflicting reports regarding their presence at the crime scene?
- Does the absence of recovery from an accused justify the grant of bail?
- What is the significance of an accused being placed in Column No. 2 of the challan for the purpose of bail?
ORDER
According to investigation conducted by the S.H.O. and the local S.D.P.O., Abdul Haq alias Mirza, petitioner was not found present at the place of occurrence when the crime in question was committed. However, the third Investigating Officer, namely, D.S.P. (Saddar) was of the opinion that the petitioner was present at the place of occurrence at the relevant time but had not played any substantial role in the crime in question. No recovery was effected from the petitioner or at his instance. He was placed only in Column No.2 of the challan.
2. In this view of the matter, Abdul Haq alias Mirza petitioner is directed to be released on bail in case F.I.R. No.413, dated 3‑12‑2000 of Police Station Girja Ghar, Gujranwala, subject to his furnishing security in the sum of Rs.50,000 (Rupees fifty thousand) with two sureties each in the like amount to the satisfaction of the learned trial Court.
H.B.T./A‑557/L Bail granted.