ANSAR vs THE STATE
This is a second application for post-arrest bail filed by the petitioner in a criminal case registered under Sections 324, 334, and 34 of the Pakistan Penal Code 1860. The core legal question before the Court was whether the petitioner was entitled to bail following a subsequent investigation that declared him innocent, despite the dismissal of his previous bail application on merits. The Court observed that the petitioner was not alleged to have caused any injury to witnesses, no weapon of offense was recovered from him, and the challan had already been submitted, rendering his further detention unnecessary for investigation purposes. Holding that the latest investigation report declaring the petitioner innocent created a case of further inquiry, the Court allowed the petition. The key principle laid down is that where a subsequent investigation report exonerates an accused and the prosecution no longer requires the accused for investigative purposes, a case for further inquiry is established under Section 497(2) of the Code of Criminal Procedure 1898, justifying the grant of post-arrest bail.
- Can a second bail application be granted if a subsequent investigation declares the accused innocent?
- Does the absence of recovery of a weapon and lack of specific injury attribution constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is the submission of a challan a relevant factor in determining whether an accused is required for further investigation?
- Section 324, Pakistan Penal Code 1860
- Section 334, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' This is second application for grant of post-arrest bail in case bearing F.I.R. No,261 of 2001 dated 29-5-2001 under sections 324/334/34, P.P.C. Registered at Police Station Sadar Lala Musa District Gujrat on the ground that in the latest investigation conducted by Raza Awan, Inspector/S.H.O, petitioner has been found innocent.
2. Heard. Record perused.
3. First post-arrest bail application of the petitioner i.e Criminal Miscellaneous No,5646-B of 2001 was dismissed by Mr.Justice Sh.Abdul Razaque (as then he was) vide order dated 31-10-2001 on merits but after the same matter was reinvestigated and in the latest investigation vide Zimni No,23 dated 22-12-2001 written by Raza Awan, Inspector, petitioner has been found innocent. It is also evident from the facts narrated in the F.I.R., that petitioner did not cause any injury to any of the witness nor during the investigation any weapon of offence was recovered from him. The challan in this case has already been submitted before the trial Court and the petitioner is no more required by the Investigating Agency for this purpose. In the light of latest position of the case during the investigation, prima facie, case of the petitioner calls for further falling within the purview of section 497(2) Cr.P.C. Accordingly, this petition is allowed and the petitioner is admitted to1 subject to furnishing bail bonds to the tune of Rs,50,000 with one surety in the like amount to the satisfaction of trial Court.