Wednesday, 10 February 2016

Previous Non Convict Bail Confirmed

PLJ 2015 Cr.C. (Lahore) 669[Multan Bench Multan]
PresentJames Joseph, J.
GHULAM QADIR--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No.  6766-B of 2014, decided on 8.1.2015.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code (XLV of 1860) Ss. 382, 379 & 411--Post arrest bail, admitted--Further inquiry--Delay in lodging FIR--Challan submitted--Doubt in prosecution story--Allegation of abatement against petitioner was not supported by any other independent evidence--Petitioner was behind bar since his arrest--Investigation against petitioner was completed--Petitioner was stated to be non convict and there was no record against petitioner--No useful purpose would be served by keeping petitioner behind bar for an indefinite period--Post arrest bail admitted.                                                                                  [P. 670] A & B
Prince Rehan Iftikhar Sheikh, Advocate for Petitioner.
Mr. Muhammad Ali Shahab, DPG for State.
Nemo for Complainant.
Date of hearing: 8.1.2015.
Judgment
Ghulam Qadir s/o Mahmand petitioner seeks after arrest bail in case FIR No. 376 dated 18.9.2014 for offences under Sections 382, PPC (later on offence under Section 382, PPC deleted and offences under Sections 379/411, PPC were added) registered at P.S. Kassowal, District Multan.
2.  Briefly the prosecution story as unfolded in the FIR is that the assailants forcibly took the cattle belonging to the complainant in the night between 26/27lh of December, 2013.
3.  I have heard the arguments of the learned counsel for the parties.
4.  There is a delay of about nine months in lodging of the FIR which has not been explained which has created doubt on the prosecution story. The allegation of abatement against the petitioner is not supported by any other independent evidence. The offence under Section 382, PPC stands deleted during the course of investigation whereas the offences under Sections 379/411, PPC has been added which do not fall within the prohibitory clause of Section 497, Cr.P.C. The petitioner is behind the bars since his arrest. Investigation against the petitioner is complete. Challan has been submitted before the learned trial Court where reportedly the trial has not commenced so far. He is stated to be non convict and there is no record against him. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period.
5.  For the reasons recorded above, the matter to the extent of the petitioner becomes one of further inquiry. Resultantly, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (Rupees two lac only) with one surety in the like amount to the satisfaction of the learned trial Court. The observations made in this order are tentative in nature.
(S.L.)   Bail admitted

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