MUHAMMAD SALEEM Versus THE STATE
This matter comes before the Lahore High Court through a petition seeking pre-arrest bail in respect of case FIR No. 91 dated 5-3-2002 initially registered under Section 381-A of the Pakistan Penal Code 1860, wherein Section 406 of the Pakistan Penal Code 1860 was subsequently added at Police Station Batala Colony, Faisalabad. The core legal question concerns whether the petitioner has made out a case for the confirmation of pre-arrest bail, given the allegations of vehicle theft and criminal breach of trust. The court held that since the petitioner has joined the investigation, the stolen vehicle has already been recovered, the prior application moved by the petitioner against the complainant suggests the criminal case may be an outcome of ulterior motives, and the petitioner possesses no criminal history, the ad interim pre-arrest bail already granted is confirmed. The key principle laid down is that where an accused has joined the investigation, the recovery of the alleged stolen property has been effected, and mala fides or ulterior motives are prima facie apparent in the registration of the case, pre-arrest bail is appropriately confirmed.
- Whether pre-arrest bail can be confirmed when the accused has joined the investigation and the stolen property has been recovered?
- Does the existence of prior litigation or applications by the accused against the complainant indicate ulterior motives in the registration of a criminal case for the purpose of bail?
- Is pre-arrest bail granted when the accused has no previous criminal history?
- Section 381-A, Pakistan Penal Code 1860
- Section 406, Pakistan Penal Code 1860
ORDER
Petitioner Ch. Muhammad Saleem s/o Ch. Siraj Din seeks pre arrest bail in case F.1.R. No.91, dated 5-3-2002 under section 381-A, P.P.C. (later on deleted and section 406, P.P.C. was added) registered with Police Station Batala Colony, Faisalabad,
2. The allegation against the petitioner is that he alongwith two other persons stole the car belonging to the complainant.
3. Learned counsel for the petitioner and State have been heard exhaustively and recd has been perused
4. The petitioner has joined the investigation. The stolen vehicle has already been recovered. Petitioner has placed on record copy of application moved by him against the complainant prior to the registration of the instant case, therefore, prima facie, registration of criminal case against the petitioner is outcome of ulterior motive. The petitioner has no criminal history, therefore, ad interim pre-arrest bail already granted to him on 27-3-2002 is confirmed subject to his furnishing fresh bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of trial Court.
H.B.T./M-434/L Bail granted.
Cited by 1 case
- Ch. MOHAMMAD ILYAS WATRAICH vs THE STATE 2005 YLR 787