JEHANGIR vs THE STATE
This is a criminal petition seeking post-arrest bail in a case registered under allegations of abduction. The core legal question is whether the petitioner is entitled to bail on the grounds of statutory delay in the submission of the challan and the duration of his incarceration without trial. The Lahore High Court held that the petitioner has been behind bars for about one year without the submission of the challan, and taking this ground into consideration, admitted the petitioner to bail. The key principle laid down is that prolonged incarceration without submission of the challan or commencement of the trial constitutes a sufficient ground for the grant of bail under criminal jurisprudence.
- Whether prolonged incarceration without submission of the challan is a sufficient ground for the grant of post-arrest bail?
- Does the absence of a challan within the statutory period under section 173 of the Code of Criminal Procedure 1898 justify releasing an accused on bail?
- Whether an accused named in the FIR for abduction can be granted bail when no allegation of Zina is leveled against him and he has been behind bars for a significant period?
- Section 497(2), Code of Criminal Procedure 1898
- Section 173, Code of Criminal Procedure 1898
- Section 164, Code of Criminal Procedure 1898
ORDER
' Intant case was registered on the statement of Amanat Ali for the abduction of his sister Mst.
Saima Bibi on 28-11-2000 while the occurrence had taken place on 9-11-2000. The allegation against the present petitioner is that he abducted Mst. Saima Bibi on 9-11-2000 frbm the house of the complainant alongwith Muhammad Iqbal, Ashraf and Mst. Hafeezan Bibi.
2. Learned counsel for the petitioner in support of this petition submits that there is no allegation of Zina against the petitioner, that he has been involved in this case falsely, that he is behind the bars for the last about one year, that Mst. Saima Bibi had herself filed a Writ Petition No,7171 of 2001 before this Court- in which she had also placed on record her affidavit stating therein that she was never abducted by anybody and she is legally-wedded wife of Muhammad Iqbal co-accused.
Learned counsel for the petitioner submits that case of the petitioner is covered by subsection (2) of section 497, Cr.P.C. Which requires further inquiry into the guilt of the petitioner.
3. On the other hand learned State Counsel submits that petitioner is named in the F.I.R., that there is no allegation of abduction against the petitioner, that Mst. Saima Bibi had also got her statement recorded under section 164, Cr.P.C. In which she has levelled allegation of her abduction against the present petitioner.
4. I have heard the learned counsel for the parties. In the instant ease petitioner was arrested on 29-11-2000 and he is behind the bars for the last about one year. Even challan has not been submitted so far. Co-accused of the petitioner except Mohammad Iqbal, who is behind the bars, are still absconder. Chatlan of the case has not been submitted so far, although, police was bound to submit the same within 2 weeks under section 173, Cr.P.C. There is no allegation of Zina against the petitioner, even Mst, Saima Bibi had filed a Writ Petition No,7171 of 2001, may be under the pressure of the accused party but the fact remains that the petitioner is behind the bars for the last about one year. Considering this ground alone, I admit the petitioner on bail provided he furnishes bail bonds in the sum of Rs,50,000 with two sureties in the like amount from Lahore to the satisfaction of D.R. Judicial of this Court.