MUNIR AHMAD vs THE STATE
The petitioner, Munir Ahmad, facing trial under Section 395 of the Pakistan Penal Code 1860 read with Section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance 1979, sought post-arrest bail from the Lahore High Court after his earlier application was dismissed by the Sessions Judge, Jhang. The core legal question was whether the failure of the investigating agency to hold a test identification parade, given that the petitioner was not named in the F.I.R. and no recovery was made from him, brings the case within the scope of further inquiry under subsection (2) of Section 497 of the Code of Criminal Procedure 1898. The court held that the absence of a test identification parade rendered the petitioner's involvement debatable, thereby squarely falling within the purview of further inquiry for the purpose of bail. The court laid down the principle that non-holding of an identification parade after the arrest of an unnamed accused person brings their case within the scope of Section 497(2) of the Code of Criminal Procedure 1898, entitling them to post-arrest bail.
- Does the non-holding of a test identification parade for an unnamed accused bring the case within the purview of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is an accused entitled to post-arrest bail when no recovery is made from him and no test identification parade is conducted?
- Whether the absence of the accused's physical description in the first information report warrants the grant of bail pending trial?
- Section 395, Pakistan Penal Code 1860
- Section 17, Offences Against Property (Enforcement of Hudood) Ordinance 1979
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Munir Ahmad-petitioner is facing trial in case F.I.R. No,184, under section 395, P.P.C. Read with section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance No,VI of 1979, registered against him and others with Police Station Saddar Jhang on 12-4-2002 at the instance of one Bashir Ahmad Cheema. Name of the petitioner is not mentioned in the F.I.R.
2. On being arrested by the police on 10-6-2002, the petitioner instituted his application for obtaining post-arrest bail from the Court of Sessions Judge, Jhang, who dismissed the same through his order dated 2-9-2002 on the basis of multifarious grounds. Now by filing the instant petition, he has approached this Court seeking same relief.
3. Learned counsel appearing on behalf of the petitioner submits that the Investigating Agency did not hold test identification parade to fix identity of the petitioner as he was not previously known to the complainant and other witnesses: that he is resident of District Khanewal. Which is approximately seventy miles away from the venue of occurrence and that his complexion, like height, colour, voice, gate, and physique etc. Are also not furnished in the first information report.
On this basis, he submits that case of the petitioner is fully covered under subsection (2) of section 497, Cr.P.C. Being that of further inquiry.
4. As against this learned counsel for the State after consultation of record has pointed out that no recovery is made from the petitioner and that challan has already been submitted in Court.
5. Both the sides have been heard at length. Admittedly prosecution miserably failed to hold a test identification parade qua the petitioner. It has been laid down in case Muhammad Suleman v. The State 2002 SCM R 1304 that "non-holding of identification parade after arrest A of the accused person had brought his case within the purview of section 497(2), Cr.P.C." In these circumstances, I am of the firm view that case of further inquiry is spelt out.
6. Accordingly, by accepting this petition, I direct release of the petitioner on bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of trial Court.
Cited by 3 cases
- MUHAMMAD FAYAZ vs THE STATE 2010 YLR 1934
- ABDUL KHALID vs THE STATE 2006 MLD 1835
- MUHAMMAD AKHLAQ and others vs THE STATE and anothers 2004 YLR 643