Mirza ABID BAIG vs THE STATE
This matter arises from a criminal petition seeking post-arrest bail in respect of F.I.R. No. 481 registered under sections 382 and 411 of the Pakistan Penal Code at Police Station Waris Khan, relating to the alleged snatching of a motorcycle. The core legal question revolves around whether the petitioner is entitled to post-arrest bail where he was not subjected to an identification parade and where recovery of the case property was effected during custody in another case upon his disclosure. The Lahore High Court accepted the petition and held that the involvement of the petitioner in the offence requires further probe and inquiry due to the absence of an identification parade. The court laid down the principle that failure to hold an identification parade where the accused is not named or described with particulars in the F.I.R., combined with questionable recovery while in custody, makes the case one of further inquiry under section 497(2) of the Code of Criminal Procedure, warranting the grant of post-arrest bail.
- Whether the absence of an identification parade makes out a case of further inquiry under section 497(2) of the Code of Criminal Procedure?
- Does the mere recovery of case property on the disclosure of an accused while in police custody conclusively connect him to the crime for the purpose of withholding bail?
- Is an accused entitled to post-arrest bail when no material progress has been made in the trial after submission of the challan?
- Section 382, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
ORDER
1. Mirza Abid Baig son of Bashir Baig petitioner seeks after arrest bail in case F.I.R. No 481, dated 17-3- 2001 under section 382/411. P.P.C. registered with Police Station Waris Khan at the instanee of Zaeem Ibrar with the allegation that he was driving his Honda Motorcycle which was snatched by two unknown persons. The petitioner was arrested on 8-9-2001 in the instant case and earlier he was arrested at Jhelum in case F . I .R No,61, dated 11-2-2001 with Police Station Saddar Jhelum under section 380, P.P.C. and during the investigation of that case on disclosure of the petitioner the motorcycle/case property of the instant case was recovered from one Muhammad Zaman.
2. Learned counsel for the petitioner contends that the petitioner was not put to the identification parade and full description of the accused was also not given in the F.I.R., that mere recovery of motorcycle on his disclosure when he was in police custody under section. 382, P.P.C. does not connect him with commission of crime and no material progress has been made in the trial after his arrest and submission of the challan.
3. Learned counsel for the State has opposed the petition by arguing that challan of the case has been submitted in Court or 2-10-2001 and instead of grant of bail, trial Court be directed to conclude the trial expeditiously. Heard.
4. Keeping in view the circumstances of the case and after hearing the learned counsel for the parties, I find that the petitioner was not put to the identification parade and whether he committed offence under section 382, P.P.C. is a matter of further probe and inquiry, therefore, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 100,000 with one surety in the like amount to the satisfaction of the trial Court.