NAQI HUSSAIN SHAH vs THE STATE
This matter concerns a petition for leave to appeal against the Lahore High Court's dismissal of a pre-arrest bail application in a case involving allegations of rape. The petitioner sought pre-arrest bail after a challan was filed against him, despite earlier police investigations having found him innocent and a previous cancellation of the case by the Illaga Magistrate. The core legal question before the Supreme Court was whether the petitioner was entitled to pre-arrest bail given the conflicting history of the investigation and the previous findings of innocence by the police. The Court, without finally deciding the merits of the case, held that the circumstances warranted further inquiry. Consequently, the Court granted the petitioner interim pre-arrest bail pending further proceedings. The key principle established is that where previous police investigations have declared an accused innocent, and the case history is complex, a case for further inquiry may be established, justifying the grant of interim pre-arrest bail to protect the liberty of the subject while the matter is adjudicated.
- Does a finding of innocence in police investigations constitute grounds for further inquiry in a pre-arrest bail application?
- Can an accused be granted interim pre-arrest bail when a challan has been filed despite previous cancellation of the case by a Magistrate?
ORDER
' RUSTAM S. SIDHWA, J.---This is a petition by Naqi Hussain Shah petitioner seeking leave to appeal against the order of a learned Single Judge of the Lahore High Court dated 27-11-1991 dismissing his petition for pre-arrest bail.
2. The petitioner is accused of committing rape with one Mst. Qayyum Akhtar complaintant, a girl of about 18 years, on 4-12-1990, in respect of which an FIR was lodged on 10-12-1990. At an earlier stage the A.S.P. Had sent up the case for cancellation. An earlier attempt by the petitioner to secure pre-arrest bail from the High Court was also unsuccessful. In the meantime, the Illaga Magistrate cancelled the case. The petitioner was let out of the jail. Due to certain observations made by a learned Single Judge in the earlier petition for pre-arrest bail, which was dismissed, challan was again filed in Court against the petitioner. The petitioner again moved for pre-arrest bail, which was again dismissed by a learned Single Judge on 27-11-1991.
3. On behalf of the petitioner it is submitted that in two police investigations he was found innocent and in these circumstances the case is one of further inquiry.
4. In view of the above, we issue notice to the State. Meanwhile, Naqi Hussain Shah petitioner is admitted to interim pre-arrest bail in the sum of Rupees Twenty thousand (Rs, 20,000) with one surety in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 5 cases
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- ABDUL KAREEM alias KAREEM BUX and 4 others Versus THE STATE 2005 PCRLJ 17
- SYED IKHLAQ HUSSAIN SHAH Versus THE STATE 1997 PCRLJ 610
- ASIF ALI ZARDARI vs THE STATE 1993 P Cr. L J 781
- MUHAMMAD SHARIF Versus JUDGE FAMILY COURT 1998 PCRLJ 1873