INAYAT ALI vs THE STATE
This matter arises from a petition for leave to appeal against the dismissal of the petitioner's pre-trial or post-arrest bail application by the High Court. The petitioner was implicated in a case registered under Section 167 and Section 409 of the Pakistan Penal Code 1860, along with Section 5(2) of the Prevention of Corruption Act 1947, following allegations relating to the issuance of a Fard-i-Arazi in violation of a status quo order and fraudulent insertion of colony names. The core legal question concerned the bailable and non-cognizable nature of the offense under Section 167 of the Pakistan Penal Code 1860 and the propriety of continued incarceration given the circumstances and delay in challan preparation. The Supreme Court converted the petition into an appeal and allowed it, confirming the interim bail previously granted to the petitioner. The key principle laid down is that where offenses are bailable or where no substantial grounds are advanced to justify further incarceration during the pendency of proceedings, bail ought to be granted.
- Whether an offense under Section 167 of the Pakistan Penal Code 1860 is non-cognizable and bailable?
- Can a petition for leave to appeal against the refusal of bail be converted into an appeal and allowed when no substantial arguments are advanced against bail?
- Whether prolonged confinement due to mala fide delay in preparation of challan justifies the confirmation of interim bail?
- Section 167, Pakistan Penal Code 1860
- Section 409, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
- Pakistan Criminal Law Amendment Act, 1958
ORDER
' SALEEM AKHTAR, J. ---The petitioner seeks leave to appeal against the order of the learned Judge in Chambers of the High Court whereby his bail application was rejected.
2. One Mirza Mehtab Baig filed an application before the Deputy Commissioner, Gujrat that the petitioner has issued Fard-i-Arazi in violation of status quo order passed by the Deputy Commissioner. It was also stated that on the Fardat the words 'Aamar Colony' were inserted whereas the land fell under 'Shadman Colony'. The case was referred to the Anti-Corruption Police and a challan was framed under section 167/409, P.P.C. And section 5(2) of the Prevention of Corruption Act, 1947. The bail application filed by the petitioner has been rejected throughout.
3. After hearing the learned counsel for the petitioner interim order of bail was passed on 16-10- 1993. Notice was also issued to the State. The learned counsel for the petitioner contended that case made out against the petitioner under section 167, P.P.C. Is non-cognizable and bailable and one which is not included in the schedule of Pakistan Criminal Law Amendment Act, 1958. He further pointed out that challan in the case was prepared by the Circle Office earlier who kept it mala fide for six months in order to prolong the petitioner's confirnement in jail for a long period. No substantial argument against the bail application has been advanced. The petition is converted into an appeal and the same is allowed. The interim order of bail is confirmed.
Interim .