AZIZ-UR-REHMAN Versus State
This matter concerns a bail application filed by the petitioner, Aziz-ur-Rehman, who was denied bail by the lower court following his arrest in connection with the alleged theft of electric wire. The core legal question was whether the petitioner was entitled to bail given the circumstances of the recovery and the status of his co-accused. The court observed that co-accused individuals had already been granted bail because the offences charged did not fall within the prohibitory clause of the relevant criminal procedure law. Furthermore, the court noted that the alleged recovery of wire from a third party, who was neither an accused nor a witness, lacked proper identification by the investigating agency. Additionally, the primary suspects caught red-handed were also on bail. Consequently, the court held that the petitioner was entitled to the same relief as his co-accused. The court granted the bail application, directing the petitioner's release upon furnishing bail bonds, emphasizing the principle of consistency in bail matters where the evidence against the accused is weak or lacks proper identification.
- Is an accused entitled to bail when co-accused persons charged with the same offence are already on bail?
- Does the absence of identification of recovered property by the investigating agency constitute grounds for granting bail?
- Should bail be granted when the alleged offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
TARIQ PARVEZ KHAN, C.J.--- Co-accused Gul Khan, Nekam Khan and Munawar have been allowed bail by lower Court on the ground A that offences for which they are charged do not fall within the prohibitory clause of section 497, Cr.P.C:
2. Bail has been refused to the petitioner because on his alleged pointation police has recovered some wire from the shop of one Mamrez.
3. Mamrez is not made either accused or witness to this case till date. The recovered wire whether stolen or not, no identification has been conducted by the Investigating Agency.
4. It was initially a case for stealing of electric wire when two employees of Electricity Department namely Noor Aslam and Muhammad Islam were arrested red-handedly carrying wire, who were also on bail. In these circumstances, this application for bail is allowed and the petitioner is directed to be released on bail provided he furnishes bail bond in the sum of Rupees fifty thousand (Rs,50,000) with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate.
S.A.K./505/P Bail granted.