SAIFAL alias BILLA vs THE STATE
The petitioner sought post-arrest bail in case F.I.R. No. 31 dated 14-2-2000 registered under sections 402 and 399 of the Pakistan Penal Code 1860 at Police Station Dehli Gate, Multan. The core legal question before the Lahore High Court was whether the ingredients of the alleged offences were prima facie made out against the accused based on the allegations that he and others were found preparing for the commission of an offence. The court held that even if the complainant's contentions were accepted as correct, the offences under sections 399 and 402 of the Pakistan Penal Code 1860 were not made out. Consequently, the court accepted the petition and admitted the petitioner to post-arrest bail, laying down the principle that bail should be granted when the tentative assessment of the record shows that the penal provisions alleged are not attracted to the stated allegations.
- Whether offences under sections 399 and 402 of the Pakistan Penal Code 1860 are made out when accused persons are merely alleged to be present preparing for the commission of an offence?
- Is a petitioner entitled to post-arrest bail when the tentative assessment of the record shows that the charged provisions are not applicable?
- Section 399, Pakistan Penal Code 1860
- Section 402, Pakistan Penal Code 1860
ORDER
The petitioner seeks post-arrest bail in case F.I.R. No,31 dated 14-2-2000 under sections 402/399, P.P.C. registered at Police Station Dehli Gate, Multan.
2. The allegation against the petitioner is that he alongwith other persons were found present preparing for the commission of some offence.
3. The petitioner applied for bail which has been declined by the learned Additional Sessions Judge vide order dated 13-6-2000. Hence the instant petition.
4. Arguments have been heard and record perused.
5. Even if the contentions of the complainant are accepted as correct the offence under sections 399/402, P.P.C. is not made out. Accordingly the petition is accepted and the petitioner is admitted to hail in the sum of Rs,20,000 (Rupees Twenty Thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.