MUHAMMAD NAWAZ BUTT vs THE STATE
This is a criminal petition filed by Muhammad Nawaz Butt seeking post-arrest bail in a case registered under sections 420, 468, 471, and 489-F of the Pakistan Penal Code 1860 at Police Station City, Kamoke. The core legal question is whether the petitioner is entitled to post-arrest bail when the Forensic Science Laboratory report is negative regarding the alleged forgery and no further recovery is to be made from him. The Lahore High Court allowed the petition and granted post-arrest bail, holding that the negative Forensic Science Laboratory report negated the question of forgery and brought the case squarely within the purview of subsection (2) of section 497 of the Code of Criminal Procedure 1898 as a matter of further inquiry. The key principle laid down is that where a material piece of evidence like an FSL report is negative and no recoveries remain to be made, the accused's continued detention is unwarranted and the case warrants further inquiry under section 497(2), Code of Criminal Procedure 1898.
- Is an accused entitled to post-arrest bail when the Forensic Science Laboratory report regarding forgery is in the negative?
- Does a case fall under further inquiry within the meaning of section 497(2) of the Code of Criminal Procedure 1898 when no further recoveries are to be made from the accused?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 489-F, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Muhammad Nawaz Butt, petitioner has sought post-arrest bail in a case registered against him with Police Station City, Kamoke on 27-3-2003 at the instance of Rana Safdar Mehmood. Offences alleged to have been committed by the petitioner are punishable under sections 420/468/471/489-F, P.P.C.
2. On being arrested on 13-4-2003, petitioner preferred his application for post-arrest bail before a learned Additional Sessions Judge at Gujranwala who dismissed the same through his order dated30-4-2003. Now by filing the instant petition he has approached this Court seeking same relief.
3. Learned counsel for the petitioner submits that petitioner had no hand in the commission of offences alleged against him. He was innocent. Report of the Forensic Science Laboratory is in the negative which reflects upon his innocence. His case 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 assisted by learned counsel for the complainant submits that petitioner issued cheque bearing No.14675916 from the cheques book of his father who operates this account in Allied Bank Limited G.T. Road, Kamoke by distorting his own signatures and is responsible for the commission of serious offences of fraud and forgery. Being son of his father he had easy access to the cheque book and for that reason he is not entitled to bail.
5. Both the sides have been heard at length. Admittedly report of Forensic Science Laboratory is in the negative which negates question of forgery. Nothing is to be recovered from him and his further detention is not likely to improve upon the prosecution case in any mariner. His case squarely falls within the purview of subsection (2) of section 497, Cr.P.C. Being that of further inquiry. Accordingly this petition is allowed and petitioner is ordered to be released from custody subject to his furnishing bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of trial Court.