Wednesday, 10 February 2016

Three months delay in FIR

PLJ 2015 Cr.C. (Lahore) 265
Present: Sayyed Mazahar Ali Akbar Naqvi, J.
versus
STATE & another--Respondents
Crl. Misc. No. 12652-B of 2014, decided on 26.9.2014.
----S. 498--Pakistan Penal Code, (XLV of 1860), S. 392--Bail before arrest, confirmed--Benefit of doubt--Caused threat to society which cannot be accepted by any stretch of imagination--Delay of more than three months--Validity--Petitioner has no nexus with crime alleged and no recovery has been affected from him was concerned, when confronted with other circumstances of this case, it seems that he was in league with accused persons--Infact, due to conduct of petitioner, three families have been ruined--Such like black sheeps of society should be dealt with iron hands--There was every possibility that he would have not joined other one in committing such illegal and immoral act, therefore, by extending benefit of doubt, which can even be extended at bail stage, High Court was persuaded to hold that he was entitled to relief of pre-arrest bail.
                                                                                                                        [P. 267] A & B
Mr. Akhtar Mahmood Dhillon, Advocate with Petitioners.
Mr. Tariq JavedD.P.P. for State.
Mr. Javed Iqbal Rana, Advocate for Complainant.
Date of hearing: 26.9.2014.
Order
Apprehending their arrest at the hands of police, through the instant petition, Zubair Ashraf and Qais Ashraf, petitioners seek their pre-arrest bail in case FIR No. 715, dated 02.08.2014, offence under Section 392, PPC, registered with Police Station, Baghbanpura Gujranwala.
2.  Allegation against the petitioners, in brief, as per contents of the crime report is that on 29.04.2014 at 9:00 p.m. they alongwith their co-accused while armed with fire-arms trespassed into the house of the complainant and looted/snatched gold ornaments weighing eight tolas and cash Rs. 100,000/-.
3.  Learned counsel for the petitioners contends that the petitioners are innocent and have falsely been roped in this case by the complainant against the actual facts and circumstances with mala fides. It is contended that the allegations contained in the crime report are totally false. It is submitted that there is delay of more than three months in lodging the crime report for which no plausible explanation has been rendered by the prosecution. As a matter of fact, it is submitted that Maria Shahzadi, daughter of the complainant entered into bond of marriage, with Zubair Ashraf, Petitioner No. 1 with her free will and consent and due to this grudge, the complainant has got lodged this false case against the petitioners. Learned counsel submits that no recovery has been affected from the petitioners during the course of investigation. In such circumstances, it is submitted that the petitioners are entitled to the relief prayed for by means of instant petition.
4.  On the other hand learned Law Officer assisted by learned counsel for the complainant has opposed this petition with vehemence. It is contended that the petitioners are well nominated in the FIR with specific role. Learned counsel for the complainant submits that Zubair Ashraf/Petitioner No. 1 has not only committed the aforesaid crime, rather he also established liaison with Mst. Maria Shahzadi, daughter of the complainant, who under threats has made statement in favour of the petitioners. It is submitted that it is a case of clear highhandedness shown by Petitioner No. 1 whereas Petitioner No. 2 is his real brother and he has also participated in the occurrence.
5.  Arguments advanced pro and contra have been heard. Record available on file has also been perused.
6.  The whole prosecution case revolves around Petitioner No. 1, who alongwith his co-accused has not only deprived the complainant, who is a widow, from her valuables including the household articles, rather derived her from her innocent daughter under the garb of having access to their house being husband of her first cousin. While committing such a heinous crime, he has caused a threat to the society which cannot be accepted by any stretch of imagination. As far as the statement of the Investigating Officer that the petitioner has no nexus with the crime alleged and no recovery has been affected from him is concerned, when confronted with the other circumstances of this case, it seems that he is in league with the accused persons. Infact, due to the conduct of Petitioner No. 1, three families have been ruined. Such like black sheeps of the society should be dealt with iron hands.
7.  As far as the case of Qais Ashraf, Petitioner No. 2 is concerned; there is every possibility that he would have not joined the other one in committing such illegal and immoral act, therefore, by extending the benefit of doubt, which can even be extended at bail stage, this Court is persuaded to hold that he is entitled to the relief of pre-arrest bail. Resultantly by allowing this petition to his extent, ad-interim bail already granted to QaisAshraf/Petitioner No. 2 in terms of order dated 19.09.2014 is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.Whereas the petition in hand to the extent of Zubair Ashraf/Petitioner No. 1 being devoid of any force is hereby dismissed.

(R.A.)  Bail confirmed

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