IZHAR SHAH Versus State Naveed Ahmad Khawaja
The petitioner sought post-arrest bail in a case involving the alleged recovery of 2015 grams of charas registered under the Control of Narcotic Substances Act, 1997. The core legal question concerned whether the petitioner was entitled to bail given the large quantity of narcotics recovered and the prohibitory clause of the relevant procedural law, weighed against the background of police conduct and injuries sustained by the accused during apprehension. The Lahore High Court accepted the petition and granted post-arrest bail to the petitioner, holding that the circumstances surrounding the admitted injury of the accused reflected upon the veracity of the prosecution's case. The key principle laid down is that where the prosecution story regarding the circumstances of arrest and injury casts serious doubt on the veracity of the case, the benefit of the doubt at the bail stage must be extended to the accused, notwithstanding the prohibitory clause.
- Whether post-arrest bail can be granted when the circumstances of the petitioner's injury cast doubt on the veracity of the prosecution's case?
- Does the recovery of a large quantity of narcotics falling within the prohibitory clause bar the grant of bail in every case?
- How does police misconduct and questionable investigation impact the assessment of tentative-assessment for bail?
- Section 497, Code of Criminal Procedure 1898
ORDER
The petitioner was sieged to arrest to search to recover 2015-grams charas, out of it, ten grams were made separate for analysis, the same is positive.
2. Learned counsel for the petitioner submits that the case is absolutely false; in fact the petitioner was apprehended and subjected to torture resulted in his serious injury on his right knee joint whereupon he was involved falsely so that he may not prosecute the police wrongdoers and in fact he is a rickshaw driver. Learned counsel has placed on record Photostat copies of registration of said rickshaw along with detail of its installments. At the end of arguments, it has been submitted that he is only bread winner of his family, therefore, clemency may also be showered.
3. Submissions have been opposed that the petitioner is nominated in the FIR; huge quantity of charas was recovered which rationally cannot be said to have been planted and the offence alleged falls within the prohibitory clause of section 497, Cr.P.C.
4. Heard. Record perused.
5. Explicitly it is mentioned in the FIR that the petitioner received an injury on his right knee joint and was being treated by the police. This backdrop reflects upon the whole prosecution's case veracity.
6. It is a talk of the town that our police treat the persons fiendishly though law does not permit it but some sort of conceit is assimilated in them by wearing the uniform and do not bother that they are accountable before the Almighty Allah. It is noticed that the police officials working in the field usually do not speak truth in whole of the matter before the Court which is very unfortunate and incommodious but the Almighty Allah views and hears each and every person and deeds accountable before Him at the end of day, it is relevant and may not be incongruous to describe here that,
In the Holy Qura-en in Surah Jathiyah Allah Almighty has revealed verse No. 29 as;
"This Our record speaks of you in all truth: for, verily, We have caused to be recorded all that you ever did!"
The Courts are bound to function under the codified laws of land without any fear of contradiction, it is described that the criminal justice system has been packed by the incorrigibility's of police officials especially working in the field. It has also been noticed that extraneous interferences and personal motivations in the functions of the police have taken such a deep place which has to be required to be eradicated and controlled. Furthermore, rapacity of greed to wealth has broken all limits rather sometimes is thought, are we Muslims living in a country obtained on the basis of ideology of Islam. In the running epoch the duties of the Courts have become so difficult to search the truth. In some times, the truth and falsity have been noticed so entwined, its separation remains impossible. It is also true that a criminal remains foot ahead of the law but the standard of investigation is so poor, on account of it the prosecution does not succeed in getting the culprits punished. It is said that passage of law is very exquisite to seek justice but the same does not guarantee administration of justice. Police investigation plays pivotal role in the criminal administration of justice, therefore, need of the day is to reform it regmentationly. This paragraph has been mentioned having noticed the aberrant behavior of complainant (Jamshed Iqbal, T.ASI).
6.(sic.) For what has been discussed above, instant application is accepted and the petitioner is granted bail provided his submission of bail bond in the sum of Rs.2,00,000/- (Rupees two lac only) with one surety in the like amount to the satisfaction of the learned trial court.
SL/I-15/L Bail granted.