WAJID UR REHMAN Versus LATIF UR REHMAN
ORDER
SARDAR TARIQ MASOOD, J.--- Post-arrest bail was declined to the petitioner by the High Curt through impugned order dated 10.02.2025 in case FIR No. 249 dated 21.03.2024 registered under Sections 392 and 411 (added later on) of the Pakistan Penal Code (P.P.C.) at Police Station Pabbi, District Nowshera. Hence, instant petition for leave to appeal.
2. After having learned counsel of the petitioner, learned counsel for Respondent No. 2 and learned Additional Advocate General, we observe that according to FIR, four unknown persons trespassed into the house of the complainant and committed robbery and took away cash of Rs. 27,00,000/- some foreign currency, gold ornaments, three laptops etc. The petitioner was arrested on 16.11.2024, however, he was nominated by the complainant on 28.11.2024. We have asked from the learned counsel for the complainant and the learned Additional Advocate General whether any identification parade was arranged for, the answer is 'NO'. Learned Additional Advocate General nor the learned counsel for the complainant could give any plausible explanation as to why the identification parade was not arranged for when in the FIR, it is specifically mentioned that the inmates of the house can identify the culprits if brought before them. The High Court declined the bail on the ground that the statement of some jewelers was recorded who claimed that the petitioner and the other co-accused has sold gold ornaments to them but surprisingly said jewelers have received stolen articles but were not made accused in this case for offence under Section 411, P.P.C. It is also brought on the record that one USB was given to the Police Officer showing CCTV footage but surprisingly even the said footage was not shown to the complainant and the eye-witnesses to identify the persons mentioned in the said video footage. It is argued by learned counsel for the complainant that two other FIRs have been registered against the petitioner but we observe that in the said FIRs unknown persons were shown to be robbers and the petitioner has not been convicted in any case. In that eventuality, the case of the petitioner calls for further inquiry falling under subsection (2) of Section 497, Cr.P.C. Consequently, this petition is converted into an appeal and allowed. The petitioner is enlarged on bail subject to his furnishing bail bonds in the sum of Rs. 10,00,000/- (One million) with two sureties in the like amount to the satisfaction of the trial Court, concerned.
3. The observations made by us are tentative in nature and will have no bearing upon any subsequent proceedings before the trial Court.
JK/W-3/SC Appeal allowed.