MUHAMMAD SHAFI vs THE STATE
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which had cancelled the petitioner's bail on suo motu notice. The petitioner, Muhammad Shafi, was implicated in a case involving the theft of WAPDA transformers, allegedly involving other WAPDA employees and a contractor. The core legal question before the Supreme Court was whether the cancellation of the petitioner's bail by the High Court was justified given the circumstances of his alleged involvement. The Supreme Court observed that the petitioner was not named in the initial F.I.R. and no recovery was made from him. While acknowledging the allegations involving sections 380, 411, and 420 of the Pakistan Penal Code 1860 and section 14 of the Offence of Theft (Hadd) Ordinance 1979, the Court held that the petitioner's culpability required determination through trial evidence. Consequently, the Court allowed the appeal, set aside the High Court's cancellation order, and confirmed the petitioner's bail, emphasizing that for the purposes of pre-trial release, the petitioner was entitled to bail.
- Can a High Court cancel bail on suo motu notice without cogent reasons?
- Is a person entitled to bail if they are not named in the F.I.R. and no recovery is made from them?
- Does the absence of recovery and non-naming in the F.I.R. justify the grant of bail pending trial?
- Section 380, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 14, Offence of Theft (Hadd) Ordinance 1979
ORDER
' RUSTAM S. SIDHWA, J.---This is a petition by Muhammad Shafi, petitioner, seeking leave to appeal against the order of a learned single Judge of the Lahore High Court, dated 2-2-1992 whereby he cancelled the bail of the petitioner on suo motu notice issued by him in that connection.
2. The brief facts of the case are that on 6-8-1990 Muhammad Amin S.D.O. Of WAPDA at Sahiwal registered an F.I.R. Stating therein that electrification work of Mauza Mancherian had been commenced by WAPDA, in which connection six transformers and other necessary equipment had been stored at the residence of Abdul Ghani, Lumberdar of the said village, who had informed the WAPDA authorities that one Muhammad Saleem, who was an employee of WAPDA as a helper at Bhai Phairu, had come to him in a WAPDA truck bearing No,LHG-384 and had taken away three transformers in the last week of June, on the pretext that the same had to be checked at Sahiwal.
He had further informed the complainant that he had taken a property receipt from the said Muhammad Saleem helper, in token of the receipt of the said transformers.
3. During investigation it came to light that Muhammad Saleem, employee of WAPDA, had taken away the said three transformers with the help of Noor Muhammad, Foreman of WAPDA, and Muhammad Shan, the driver of the above-mentioned truck, and had thereafter sold two of these transformers to one Farooq Azmat, who was a WAPDA contractor at Lahore.
4. On behalf of the petitioner it is submitted that he was not named in the F.I.R. Nor any recovery was made from him and that he was allowed bail by the Assistant Commissioner, Okara on 11-1- 1992, which was cancelled by a learned Single Judge of the Lahore High Court on 2-2-1992 without cogent reasons.
5. On behalf of the State, the prayer for bail is resisted.
6. The involvement of Muhammad Shafi petitioner in respect of offences under sections 380, 411 and 420, P.P.C. And section 14 of Hadd Ordinance, VI of 1979, will only be decided, after proper evidence is recorded. Presently, what is on the record is that the petitioner was a driver of the truck, which Muhammad Saleem took to the residence of Abdul Ghani Lamberdar, where the transformers had been deposited, and which he secured and got loaded on the pretext that the same had to be checked at Sahiwal. Without going on the record as having given any finding in the matter, we consider, for the purposes of this bail petition, that the petitioner is entitled to be released on bail.
7. For the foregoing reasons, we convert this petition into appeal and allow the same and confirm the interim bail already allowed to Muhammad Shafi petitioner on 30-5-1992.