ASGHAR ALI and anothers vs THE STATE
This post-arrest bail application arose out of F.I.R. No. 75 of 2000, registered under Sections 302, 364, 201, and 34 of the Pakistan Penal Code 1860 at Police Station Machhiwal, District Vehari. The core legal question was whether the petitioners were entitled to post-arrest bail where the case against them rested on last-seen evidence, they had been declared innocent during multiple police investigations, and no incriminating recovery was effected from them. The Lahore High Court granted bail, noting that the petitioners had been incarcerated for over a year without the submission of a challan, that multiple investigating officers up to the D.I.-G. level found them innocent without any allegation of mala fide, that other suspects were found involved, no recovery was made from the petitioners, and there was an unexplained delay of three days in lodging the F.I.R. The court established that repeated findings of innocence by investigating authorities, combined with lack of recovery and prolonged detention without trial, constitute sufficient grounds for releasing accused persons on post-arrest bail.
- Whether post-arrest bail can be granted when multiple investigating officers find the accused innocent and no mala fide is alleged?
- Whether prolonged detention without submission of a challan entitles an accused to bail in a murder case?
- Does the absence of any incriminating recovery alongside a delay in lodging the F.I.R. create further inquiry justifying the grant of bail?
- Section 302, Pakistan Penal Code 1860
- Section 364, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Petitioners seek post-arrest bail in a case F.I.R. No,75 of 2000, dated 18-3-2000 under sections 302/364/201/34, P.P.C. Registered at Police Station Machhiwal, District Vehari.
2. As per F.I.R. Deceased Refique Hussain, a son of the complainant was lastly seen on 15-3-2000 on a bicycle and co-accused Akbar, petitioner No,2 and one unknown person were seen following him on bicycles. Later on dead body of the deceased was found in a badly injured condition. The complainant suspected that his son was murdered by the petitioners alongwith co-accused Akbar.
3. Arguments heard, record perused.
4. It could not be denied that petitioners are behind the bars for the last more than one year and challan has not yet been.Submitted; that petitioners were found innocent in the investigations conducted by Atta Ullah, A.S.-1., Muhammad Maqbool, S.H.O. And Inspector, Crimes Branch and the D.1.-G. Also concurred with the findings of the innocence; that there is no allegation of mala fide available on the file in respect of such findings; that as per findings of the various Investigating Officers, other persons have been found involved in the occurrence; no recovery whatsoever has been effected from the petitioners and there is a delay of three days in lodging the F.I.R.
5. Resultantly, the instant petition is allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs,2,00,000 (two lacs) each with two sureties each in the like amount to the satisfaction of learned Illaqa Magistrate.-