GHULAM FAREED vs THE STATE
This matter arises from a criminal petition where the petitioner sought post-arrest bail after being implicated in case F.I.R. No. 530 of 1997 registered for the alleged possession of two litres of illicit liquor. The core legal question addressed by the court was whether the petitioner was entitled to the concession of bail considering the period already spent in judicial custody and the nature of the offence. The Lahore High Court held that since the accused had been in judicial confinement for approximately five months, the challan had not yet been submitted, the alleged offence did not fall within the prohibitory clause of the relevant statute, and the accused was neither a previous convict nor required in any other criminal case, the petitioner made out a case for bail. The court laid down the principle that post-arrest bail should generally be granted when the accused has suffered prolonged pre-trial incarceration for a non-prohibitory offence and is not a hardened criminal or required for further investigation.
- Is an accused entitled to post-arrest bail when the alleged offence does not fall within the prohibitory clause and challan has not been submitted?
- Does prolonged pre-trial incarceration for a non-prohibitory offence constitute sufficient ground for the grant of bail?
- Whether the absence of previous convictions and lack of requirement in other criminal cases support the grant of bail?
ORDER
1. ' According to the allegations contained in the case F.I.R. No,530 of 1997, the petitioner is alleged to be in possession of two litres of illicit liquor. He was taken into custody on 2-3-1998 since then he is in the judicial lock-up. He is not required in any other criminal case nor stated to be previous convict. Challan has not been submitted. As such considering that the petitioner is in judicial confinement for the last about five months and the offence is not covered by the prohibitory clause and also that he is not required in any other criminal case, he is admitted to bail subject to his furnishing bail bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of learned trial Curt/Judicial Magistrate of the area.