ABDUL HAMEED SOOMRO vs THE STATE
This application for post-arrest bail was filed by the applicant in connection with Crime No. 26 of 2003 registered at Police Station Tando Masti Khan for offences involving the snatching of a pick-up vehicle by five unknown armed persons. The core legal question was whether a delayed identification parade, conducted nine days after the arrest of an accused initially picked up on mere suspicion, warrants the grant of bail on the ground of further inquiry. The High Court observed that the complainant originally claimed he could recognize the culprits, but the applicant was arrested on suspicion and the identification test was delayed. Considering these circumstances, the Court held that the case fell within the realm of further inquiry under criminal jurisprudence. Consequently, the High Court allowed the application and granted post-arrest bail to the applicant subject to furnishing a solvent surety bond of Rs. 200,000 and a personal bond in the like amount to the satisfaction of the court.
- Does a delay in conducting an identification parade after the arrest of an accused make the case one of further inquiry for the purpose of bail?
- Can an accused arrested on mere suspicion be granted post-arrest bail when the identification test is delayed and lacks independent witnesses?
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' Learned counsel for the applicant has filed this bail application in connection with Crime No.26 of 2003 registered at Police Station, Tando Masti Khan. It seems that the incident occurred on 14-4- 2003.
2. According to the F.I.R. Five unknown persons on the show of force of weapons snatched a Pick-up.
3. However, in the F.I.R. The complainant states that he would be in a position to recognize the accused if shown. The present accused was arrested on 8-5-2003 and the identification test took place on 17-5-2003, according to the counsel for the, applicant such a delay in identification test cannot form the basis of attributing the crime to the accused. The IlIrd Additional Sessions Judge, Khairpur whilst passing the order on the bail application on 4-9-2003 has observed that the accused were arrested on suspicion but because they were identified even though there were no independent witnesses, therefore, the bail application is dismissed.
4. I am however of the opinion that in the present juncture, it is a case of further enquiry. Bail is accordingly granted to the applicant subject to his furnishing a solvent surety in the sum of Rs.2,00,000 (two hundred thousand) and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 1 case
- GHULAM HUSSAIN Versus State 2013 YLR 228