FAZAL ELLAHI and another vs THE STATE
This petition for leave to appeal arose from the dismissal of a bail application by the Lahore High Court, Rawalpindi Bench, in a criminal case involving allegations of forgery and fraud. The petitioners were accused of producing forged birth certificates during civil court proceedings, leading to the registration of a case under sections 420, 467, 468, and 471 of the Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether the petitioners were entitled to post-arrest bail given the status of the investigation. Upon review, the Supreme Court observed that the investigation had been completed, the challan had been submitted to the trial court, and the petitioners were no longer required by the investigating agency for further inquiry. Consequently, the Court held that continued incarceration would serve no useful purpose. The Supreme Court converted the petition into an appeal, allowed it, and admitted the petitioners to bail, establishing the principle that where an investigation is complete and the accused is no longer required for investigative purposes, continued detention is unnecessary.
- Is an accused entitled to bail when the investigation is complete and the challan has been submitted to the trial court?
- Does the fact that an accused is no longer required by the investigating agency justify the grant of bail?
- Section 420, Pakistan Penal Code 1860
- Section 467, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, J.-This petition for leave to appeal has been filed against the judgment dated 12th April, 2002 passed by Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby Criminal Miscellaneous No,295-B of 2002 filed by petitioners has been dismissed.
2. Briefly stating the facts of the case are that on 22nd January, 2002 vide F.I.R. No,22 a case was registered against the petitioners Fazal Ellahi and Sainchi Khan with Police Station City Attock under sections 420, 467, 468, 471, P.P.C. With the allegation that they alongwith their co-accused during the proceedings before Mr. Tanvir Mustafa, Civil Judge at Attock produced the forged/tampered documents which being the birth certificates were shown to have been issued by a competent authority. Upon an application submitted by Khalil-urRehman, the learned Judge referred the same to the local police for registration of the case. So a case was registered against the petitioners and they were taken into custody by the police. Petitioners approached Lahore High Court, Rawalpindi Bench by filing Criminal Miscellaneous No,295-B of 2002 for their release on bail, but the same was dismissed by means of impugned judgment. As such instant petition for leave to appeal has been filed.
3. We have heard the learned counsel for petitioners and Mr. Dil Muhammad Tarrar, Advocate Supreme Court appearing on behalf of State and also perused the record so made available before us. It is informed that petitioners are in custody since 12th February, 2002 and after completion of investigation they have been challaned in the Court of Judicial Magistrate/Senior Civil Judge, Attock and are no more required to the Investigating Agency.
4. In above view of the matter, we are of the opinion that after completion of investigation, even if petitioners are kept in custody, it will serve no purpose.
' Thus in view of above circumstances, petition is converted into appeal and allowed as a result whereof petitioners are admitted to bail subject to their furnishing bail bond in the sum of Rs,25,000 each, with P.R. In the like amount to the satisfaction of trial Court concerned.
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