Wednesday, 10 February 2016

Bail Confirmed on 45 days delay in Lodging FIR

PLJ 2015 Cr.C. (Lahore) 307
Present: James Joseph, J.
MUHAMMAD RAFIQUE--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 431-B of 2015, decided on 11.2.2015.
----S. 498--Pakistan Penal Code, (XLV of 1860) Ss. 381 & 411--Pre-arrest bail--Confirmed--There was a delay of 01½ month in lodging of FIR which has not been explained--It was no where mentioned in FIR and in record that how complainant came to know about involvement of petitioner in present occurrence as according to I.O. present before Court stolen cattle were taken into possession by I.O. u/S. 550, Cr.P.C. left behind by some un-known persons way before registration of FIR--Above mentioned situation has created some doubt on authenticity of prosecution story--Even otherwise IO present before Court has frankly conceded that recovery has already been effected and nothing was left to be recovered from possession of petitioner--Investigation against petitioner was complete--Challan has been submitted before trial Court where reportedly trial has no commenced so-far--Petitioner is previously non convict and there was no record against him--Offence with which petitioner was charged does not fall within prohibitory clause of Section 497, Cr.P.C.--No useful purpose would be served by handing over body of petitioner to police for any further investigation--Bail was confirmed.                                      [P. 308] A
Mr. Muhammad Bilal Butt, Advocate for Petitioner.
Mr. Iqbal Hussain Pahore, Advocate for Complainant.
Mr. Muhammad Ali Shahab, DPG for State.
Date of hearing: 11.2.2015.
Order
Petitioner Muhammad Rafique seeks pre arrest bail in case FIR No. 833/2013 dated 19.12.2013 u/S. 381/411, PPC registered at P.S. Basti Malook, District Multan.
2.  Briefly the prosecution story as unfolded in the FIR is that 01½ months prior to the lodging of the FIR four cattle of the complainant were found missing from his cattle-shed. It is further mentioned in the FIR that the complainant came to know of his own that the present occurrence was committed by the petitioner alongwith one Muhammad Shehzad.
3.  I have heard the learned counsel for the parties and perused the record.
4.  There is a delay of 01½ month in lodging of the FIR which has not been explained. It is no where mentioned in the FIR and in the record that how the complainant came to know about the involvement of the petitioner in the present occurrence as according to the I.O. present before the Court the stolen cattle were taken into possession by the I.O. under Section 550, Cr.P.C. left behind by some un-known persons way before the registration of the FIR. The above mentioned situation has created some doubt on the authenticity of the prosecution story. Even otherwise the IO present before the Court has frankly conceded that recovery has already beeneffected and nothing is left to be recovered from the possession of the petitioner. Investigation against the petitioner is complete. Challan has been submitted before the trial Court where reportedly the trial has no commenced so-far. The petitioner is previously non convict and there is no record against him. The offence with which the petitioner is charged does not fall within the prohibitory clause of Section 497, Cr.P.C. No useful purpose would be served by handing over the body of the petitioner to the police for any further investigation.
5.  In view of the above the matter to the extent of petitioner has become one of further inquiry. Resultantly this petition is allowed and the ad interim pre-arrest bail already granted to the petitioner vide order dated 28.01.2015 stands confirmed subject to his furnishing fresh bail bond in the sum of Rs. 50,000/- (Rupees fifty thousand) with one surety in the like amount to the satisfaction of learned trial Court.
6.  It is pertinent to mention here that the above mentioned observations are tentative in nature.

(A.S.)  Bail confirmed

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