Shaikh IDRIS YAHYAH vs THE STATE
This matter arises from a bail application filed by the applicant Shaikh Idris Yahyah seeking pre-arrest or post-arrest bail (referred to as grant of bail) in criminal proceedings where the applicant was shown as an absconder in the charge-sheet following police implication based on statements of arrested co-accused and witnesses. The core legal question determined is whether the applicant is entitled to the grant of bail when his name does not appear in the F.I.R. and no specific role is assigned to him. The court held that since the applicant's name was absent from the F.I.R. and his implication relied merely on subsequent witness statements, the case falls within the scope of further inquiry under the criminal procedure framework. The court accordingly allowed the bail application subject to the furnishing of solvent surety and a personal recognizance bond.
- Is an accused entitled to bail when their name is not reflected in the F.I.R. and no role is assigned in it?
- Does implication solely on the statement of arrested persons or witnesses make a criminal case one of further inquiry?
- Whether an applicant shown as an absconder in the charge-sheet can be granted bail under the circumstances of the case?
- Section 87, Code of Criminal Procedure 1898
- Section 88, Code of Criminal Procedure 1898
ORDER
1. ' It is, inter alia, contended by the counsel for the applicant that the name of the applicant is not reflected in the F.I.R. Neither any role has been assigned to him in the said F.I.R. It seems that statements were recorded by those who were arrested but also implicated the present applicants whereafter the police has shown the applicant as an absconder. The charge-sheet was submitted where the present applicant has been shown as an absconder. The counsel is not sure whether any proceedings under sections 87/88, Cr.P.C. Were initiated by the trial Court.
2. The question that has to be determined is as to whether on the facts stated above, the applicant is entitled to the grant of bail. Keeping in view the fact that his name has not been mentioned in the F.I.R. Nor is there any mention of any unknown person whose description can fit the description of the applicant and merely on the statement of one of the witnesses the name of the applicant has been implicated. I am of the considered opinion that this is a case of further inquiry. Accordingly I allow this application. The applicant shall be released on his furnishing solvent surety in the sum of Rs,1,00,000 (Rupees one lac) with P.R. Bond in the like amount to the satisfaction of the trial Court.
Cited by 1 case
- ASGHAR KHAN vs THE STATE and 2 others 2004 P C R L J 1252