KHALID JAVAID vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, Khalid Javaid, who was implicated in a case involving dacoity and robbery registered under sections 392, 395, and 412 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail given the prosecution's reliance on a test identification parade despite the initial report stating the perpetrators had muffled faces. The Court observed that the prosecution witnesses had stated the accused's faces were covered during the occurrence, making the subsequent identification of the petitioner by a witness during the test identification parade highly questionable. Furthermore, the Court noted the eight-day delay in reporting the incident and that the stolen property was recovered from a co-accused rather than the petitioner. Consequently, the Court held that the petitioner's involvement required further inquiry. The Court granted bail, establishing the principle that where the prosecution's evidence regarding identification is inherently contradictory to the initial report of the occurrence, a case for further inquiry under section 497(2) of the Code of Criminal Procedure 1898 is made out.
- Does a test identification parade hold evidentiary value when the initial report states the perpetrators had muffled faces?
- When does a case for further inquiry arise under section 497(2) of the Code of Criminal Procedure 1898?
- Is the recovery of stolen property from a co-accused sufficient to deny bail to another accused in the same case?
- Section 392, Pakistan Penal Code 1860
- Section 395, Pakistan Penal Code 1860
- Section 412, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Khalid Javaid son of Ahmad Din, petitioner, has sought his point-arrest bail in a case F.I.R. No,154 of 2001 registered at Police Station Saddar, Mian Channu, District IChanewal, on 10-6-2001, for offences under sections 392/395/412, P.P.0 .
2. The relevant facts as given in the F.I.R. Are that three persons, who were armed with pistols, with muffled faces, snatched Tractor from Nobal and Shamshad P.Ws. It is furthers stated that after snatching the Tractor, the accused tied the hands of the P.Ws. And forcibly put them in a car. They were taken to some unknown place and after two hours were let off. Thereafter, the afore-referred P.Ws informed the complainant, who reported the matter to the Police.
3. The petitioner was arrested in this case on 17-9-2001 and after completion of investigation is in Judicial lock-up.
4. The learned counsel for the petitioner has argued that the petitioner was falsely implicated in this case and no cogent/incriminating evidence was available against the petitioner to connect him with the commission of offence.
5. On the other hand, the learned counsel appearing on behalf of the State has vehemently opposed the release of the petitioner on bail. He has argued that the petitioner was fully identified by Nobal P.W. In test identification parade held on 24-9-2001 and that the prosecution had no motive to implicate the petitioner in this case falsely.
6. I have heard the learned counsel for the parties and gone through the record. According to the statements of the P.Ws. Namely Nobal and Shamshad recorded by the police, the accused had muffled their faces at the time of occurrence, therefore, it is hard to believe as to how one of the P.Ws. Namely Nobal identified the petitioner during the test identification parade. The stolen Tractor has been allegedly recovered from the co-accused Muhammad Yousaf. The matter was reported to the police after a delay of 8 days. In these circumstances, the allegation vis-a-vis the petitioner needs further probe and inquiry within the ambit of subsection (2) of section 497, Cr.P.C., therefore, I allow this petition and admit the petition to bail, subject to his tendering bail bonds in the sum of Rs, one lac, with one surety in the like amount to the satisfaction of the trial Court.Criminal Miscellaneous No,341 of 2002: decided on 10th August, 2002.