PLJ 2024 Cr.C. (Note) 93
[Lahore High Court, Lahore]
Present: Shehram Sarwar Ch., J.
ABDUL QAYYUM--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 77463-B of 2023, decided on 28.12.2023.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 392 & 411--Post arrest bail, grant of--Further inquiry--“Robbery”--Rule of consistency--The petitioner is not named in FIR in any manner whatsoever and case was got registered against three unknown accused--Even no features/descriptions of accused were mentioned in FIR--As apprised by Law Officer under instructions and after perusal of record, petitioner was arrested in another criminal case and made confession regarding his involvement in instant case--He was also identified during identification parade held on 04.05.2023--Evidentiary value of alleged confession made by petitioner during police custody and identification parade, will certainly be determined by trial Court after recording of evidence of parties--Registration of other cases, without conviction is no ground to refuse bail to an accused if otherwise he is entitled to same on basis of further inquiry--Co-accused of petitioner has been allowed post arrest bail by this Court vide order passed in Crl. Misc. 2023 and petition is also entitled to same relief on principle of rule of consistency--The petitioner is behind bars since 26.04.2023 and no more required for purpose of investigation--No useful purpose would be served by keeping petitioner behind bars for an indefinite period--Bail allowed. [Para 4] A
Mr. Shahid Rafiq Mayo, Advocate for Petitioner.
Sh. Muhammad Nauman Siddiq, DPG for State.
Date of hearing: 28.12.2023.
Order
Abdul Qayyum, petitioner seeks post arrest bail in case FIR No. 246 dated 08.03.2023 offence under Sections 392 and 411, PPC registered at Police Station Mustafabad District Kasur.
2. As per version of prosecution in the FIR, three unknown accused intercepted the complainant party and robbed away the motorcycle, gold ornaments, cash amount, mobile phones and other valuable articles from them.
3. Arguments heard. Record perused.
4. As per FIR, the alleged incident took place on 01/02.03.2023 whereas the matter was reported to the police on 08.03.2023 i.e. with the delay of six days without there being any satisfactory explanation. The petitioner is not named in the FIR in any manner whatsoever and the case was got registered against three unknown accused. Even no features/descriptions of the accused were mentioned in the FIR. As apprised by learned Law Officer under instructions and after perusal of record, the petitioner was arrested in another criminal case and made confession regarding his involvement in the instant case. He was also identified during the identification parade held on 04.05.2023. Evidentiary value of alleged confession made by the petitioner during police custody and identification parade, will certainly be determined by the learned trial Court after recording of evidence of the parties. Registration of other cases, without conviction is no ground to refuse bail to an accused if otherwise he is entitled to the same on the basis of further inquiry. Co-accused of the petitioner namely WaseemAkram has been allowed post arrest bail by this Court vide order dated 19.09.2023 passed in Crl. Misc. No. 29675-B/ 2023 and the petitioner is also entitled to the same relief on the principle of rule of consistency. The petitioner is behind the bars since 26.04.2023 and no more required for the purpose of investigation. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period.
5. Considering all these circumstances, case of the petitioner calls for further inquiry within the ambit of Sub-Section (2) of Section 497, Code of Criminal Procedure. This petition is, therefore, allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of learned trial Court. Before parting with this order, it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial Court in any manner, whatsoever.
(A.A.K.) Bail allowed
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