NAZIR AHMAD vs THE STATE
Nazir Ahmed sought leave to appeal against the order of the Lahore High Court dismissing his post-arrest bail petition in a case registered under section 381 of the Pakistan Penal Code 1860 regarding the theft of Rs. 7,00,000 from a bank branch. The Supreme Court observed that the petitioner was declared innocent during the investigation and that a co-accused facing similar allegations had already been released on bail by the High Court, a position left uncontroverted by the respondent. Consequently, the Supreme Court converted the petition into an appeal, allowed it, and admitted the petitioner to bail subject to furnishing surety bonds.
- Whether an accused declared innocent during investigation is entitled to post-arrest bail?
- Does the release of a co-accused on bail with similar allegations entitle another accused to bail on the rule of consistency?
- Section 381, Pakistan Penal Code 1860
' MUHAMMAD RAFIQ TARAR, J.---Nazir Ahmed petitioner seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 26-4-1993 whereby his petition for bail in a case under section 381 of the P.P.C. Was dismissed.
2. The case was registered on a written complaint of Vice-President and Manager, National Bank of Pakistan, WAPDA House Branch, Lahore wherein he stated that a sum of Rs, 7,00,000 comprising seven packets each containing 100 currency notes of denomination of 1,000 each were stolen from the Branch on 23-9-1992. The theft was discovered at 3-30 p.m. When Muhammad Rashid, Khalid Majid, Khalid Farooq and Sanawar Atiq-ur Rehman cashiers, working in cash department, had left the Branch after informing the Chief Cashier.
' During the investigation the petitioner, Muhammad Rashid and Khadim Hussain were arrested.
According to the prosecution Rs, 5,00,000 were recovered from Muhammad Rashid and Rs, 1,00,000 each from the petitioner and aforesaid Khadim Hussain.
3. Learned counsel for the petitioner contends that the petitioner has been declared innocent during the investigation and co-accused Khadim Hussain with similar allegation has been released on bail by the High Court. This position has not been controverted by the learned counsel for the respondent. We, therefore, convert this petition into an appeal and allow it. The petitioner is released on bail subject to his furnishing security in the sum of Rs, 50,000 with two sureties in the like amount to the satisfaction of the trial Court.
Cited by 1 case
- MUHAMMADUDDIN and another vs THE STATE 2012 P Cr. L J 1388