PLJ 2023 Cr.C. (Note) 101
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
IFTIKHAR ALI alias SHOUKAT--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 5470-B of 2022, decided on 19.9.2022.
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--Allegation of--Snatching gold--Petitioner was not, nominated in FIR--He was arrested in another case and during interrogation of that case, he commission of instant occurrence/identification parade was identified in which although complainant has him, however, during investigation, gold was not recovered only Rs. 11,300/- was recovered on his lead but same is not sufficient to connect him with commission of crime--Apart from above, co-accused of petitioner was discharged during investigation--These facts make case of petitioner one of further inquiry into his guilt as contemplated u/S. 497 (2), of the, Code of Criminal Procedure, 1898. [Para 3] A
2021 SCMR 63.
Peer Syed Muhammad Najmul Husnain, Advocate for Petitioner.
Ms. Asmat Parveen, DDPP for State.
Mr. Muhammad Zulqarnain Haider, Advocate for Complainant.
Date of hearing 19.9.2022.
Order
Petitioner seeks post arrest bail in case FIR No. 175/2022 dated 14.03.2022 registered under Sections 392/411, PPC at Police Station Shah-Rukne-Alam, Multan for’ snatching gold weighing two tola Valuing Rs. 2,50,000/- from his wife and one tola valuing
Rs. 1,25,000/- from his mother along with cash detailed in FIR.
2. I have heard learned counsel for the petitioner as well as learned Deputy District Public Prosecutor and perused the record.
3. Perusal of record shows that it was a night time occurrence on 12.3.2022 at 1:20 a.m. and petitioner is not nominated in the FIR. He was arrested in another case and during interrogation of that case, he disclosed the commission of instant occurrence Identification parade was conducted on 22.4.2022 in which although complainant has identified him, however, during investigation, gold was not recovered and only Rs. 11,300/- was recovered on his lead but same is not sufficient to connect him with the commission of crime. Apart from above, co-accused of the petitioner was discharged during investigation. These facts make the case of petitioner one of further inquiry into his guilt as contemplated under Section 497(2), of the, Code of Criminal Procedure, 1898. The Hon’ble Supreme Court of Pakistan in the case “Jahanzeb and others versus State through A.G. Khyber Pakhtunkhwa Peshawar and another” (2021 SCMR 63), with reference to Section 497, Cr.P.C., has held as under:
“………..Perusal of the aforesaid provision reveals the intent of the legislature disclosing pre-condition to establish the word “guilt” against whom accusation is levelled has to be established on the basis of reasonable ground, however, if there exists any possibility to have a second view of the material available on the record then the case advanced against whom allegation is levelled is entitled for the relief in the spirit of Section 497(2), Cr.P.C.”
4. Although, learned DDPP states that petitioner maintains criminal history of four cases but same does not create any embargo to seek bail on the touch stone of further inquiry which is very much available in this case. Reliance in this regard is placed in the case “Jamal-Ud-Din alias Zubair Khan versus The State” (2012 SCMR 573).
5. Petitioner is behind the bars since 12.04.2022 and is no more required for the purpose of further investigation. Therefore, at this stage keeping the petitioner behind the bars before conclusion of trial will serve no useful purpose. Resultantly, this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs. 1,00,000/- (rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court.
(A.A.K.) Petition allowed
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