REHMAT KHAN and anothers vs THE STATE
This matter concerns a petition for post-arrest bail filed by two accused, Rehmat Khan and Anees Khan, who are charged under Section 302/34 of the Pakistan Penal Code 1860 in connection with the murder of a minor girl, Rahila. The core legal question was whether the petitioners were entitled to bail given the nature of the evidence presented against them. The Court observed that the prosecution's case rested solely on a prior dispute regarding stolen jewelry between the complainant and the daughter of one of the petitioners, occurring four days before the incident. The Court noted that despite the submission of the challan, no further material had been collected during the investigation to connect the petitioners to the crime. Holding that the case against the petitioners required further inquiry and noting the lack of likelihood for an early conclusion of the trial, the Court granted the bail application. The key principle established is that where the prosecution fails to produce sufficient incriminating material beyond mere suspicion or motive to connect an accused to the crime, the case warrants further probe, justifying the grant of post-arrest bail.
- Is a prior dispute between parties sufficient to deny post-arrest bail in a murder case?
- Does the absence of incriminating evidence beyond motive justify granting bail for further inquiry?
- When does a case qualify for further inquiry under the law of bail?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Rehmat Khan son of Rajey Khan and Anees Khan son of Rehmat Khan seek after arrest bail in case F.I.R. No,147 of 2001 dated 19-3-2001 under section 302/34, P.P.C.,' registered with Police Station Saddar Gujrat, at the instance of Mst. Ghulam Fatima with the allegation of commission of murder of her daughter Rahila aged 6/7 years.
2. Precise allegation against the petitioner is that few days before the registration of the criminal - case there was some dispute between the complainant and Mst. Uzma daughter of Rehmat Khan regarding the theft of ears-rings which were returned to the complainant in broken shape.
Therefore, the .Petitioners suspected commission of murder of Rahila whose body was found by the complainant in field near the Village Abadi.
3. Learned counsel for the petitioners and for the State have been heard exhaustively and record has also been perused.
4. The allegation against the petitioners is only that there was some dispute between Mst. Uzma daughter of petitioner No,1 and sister of petitioner No,2 four days prior to the alleged occurrence.
Only the statements of Bushra daughter of the complainant and Qasim her husband have been recorded and they have reiterated the allegation levelled in the F.I.R. During the investigation. No other material has been collected to connect the petitioners with the murder of MstRahila. They were arrested on the same day when the case was registered i.e 19-3-2001 and are in circulation since then. Although the challan has been submitted in the Court but there is no likelihood of early commencement or conclusion of the trial, therefore, the case of the petitioners is of further probe and inquiry. The petitioners are therefore, admitted to bail subject to their furnishing bail bonds in the sum of Rs,50,000 each with two sureties each in the like amount to the satisfaction of the trial Court.