SARFRAZ Versus THE STATE
The petitioner sought post-arrest bail in a case registered under sections 392 and 411-A of the Pakistan Penal Code 1860 at Police Station Khairpur Tamianwali, District Bahawalpur, regarding the forcible snatching of a motorcycle. The core legal question was whether the petitioner was entitled to post-arrest bail given the circumstances of the case, including delay in lodging the FIR, lack of recovery, absence of an identification parade, and prolonged incarceration without the likelihood of a near-future trial. The Lahore High Court held that the petitioner made out a case for further inquiry under the facts and circumstances. The court allowed the petition and admitted the petitioner to post-arrest bail, establishing the principle that involvement based on mere suspicion coupled with delayed FIR, lack of recovery, absence of identification parade, and statutory delay in trial constitutes grounds for granting bail.
- Whether post-arrest bail can be granted when an accused is involved on the basis of suspicion without an identification parade?
- Does the absence of recovery of the robbed property from the accused justify the grant of bail?
- Whether delay in lodging the FIR and prolonged incarceration without trial prospect are valid grounds for post-arrest bail?
- Section 392, Pakistan Penal Code 1860
- Section 411-A, Pakistan Penal Code 1860
ORDER
The petitioner seeks post arrest bail in a case registered vide F.I.R. No.480 of 2002, dated 23-9-2002 under sections 392/ 411-A, P.P.C. at Police Station, Khairpur Tamianwali District Bahawalpur.
2. As per F.I.R., three persons out of whom two, were armed with pistols, forcibly snatched the motorcycle of the complainant on' 20-9-2002. Later, on, it had come to the knowledge of the complainant that said three persons were Allah Rakha alias. Rakha, Sadiq Ali and the present petitioner.
3. Arguments heard. Record perused.
4. It could not be denied that the F.I.R., was lodged with a delay) of three days; that the Motorcycle-in-question was not recovered from the petitioner; that no Identification Parade was held and the petitioner was involved simply on the basis of suspicion (Ref. Khizar Abbas and another v. State KLR 2001 Criminal cases 334, Ghulam Dastagir v. State 2001 PCr.LJ 235 and Muhammad Suleman v. Riasati Ali and another 2002 SCMR 1304); that the petitioner is behind the bars since 29-11-2002 and there is no likelihood of commencement of the trial in the near future.
5. All the above uncontroverted factors persuade me to allow this petition. Resultantly, the petitioner is admitted to post-arrest bail subject to his furnishing bail Bonds in the sum of Rs.1,00,000 (one lac) with two sureties each in the like amount to the satisfaction of the learned trial Court.
H.B.T./S-796/L Bail granted.
Cited by 1 case
- GUL ZAMAN alias GULLA vs THE STATE and anothers 2004 YLR 3335