PLJ 2024 Cr.C. (Note) 34
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
MUHAMMAD BILAL--Petitioner
versus
STATE, etc.--Respondents
Crl. Misc. No. 6298-B of 2022, decided on 29.9.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 380/411--Post-arrest bail--grant of--Further inquiry--The petitioner is nominated in FIR and recovery has been affected from him--The petitioner has no criminal antecedents--Offence charged with does not fall within prohibitory clause--Investigation is complete and petitioner is no more required for further investigation--The case of petitioner calls for further inquiry--Petition is allowed. [Para 3] A, B & C
PLD 2021 SC 799; 2021 SCMR 63 ref.
Kh. Qaisar Butt, Advocate for Petitioner.
Miss Asmat Parveen, D.D.P.P. for State.
Date of hearing: 29.9.2022.
Order
Through this petition, petitioner has sought post arrest bail in case FIR No. 644 dated 02.08.2022 registered under Sections 380 & 411, PPC, at Police Station City Layyah, District Layyah facing with the allegation of stolen amount of Rs. 45,00,000/-from Cash Processing Center.
2. Heard. Record perused.
3. The petitioner is nominated in the FIR and recovery has been effected from him. Learned counsel for the petitioner states that no direct evidence is available against the petitioner to connect him with the commission of offence. The petitioner has no criminal antecedents. Be that as it may, Offence charged with does not fall within the prohibitory clause and bail in such like cases is rule, whereas refusal is exception. The petitioner is behind the bars since 03.08.2020. Reliance is placed on case reported as “Iftikhar Ahmad versus The State” (PLD 2021 Supreme Court 799). Investigation is complete and the petitioner is no more required for further investigation; report under Section 173, Cr.P.C. has been put to Court where no tangible progress has been made in the trial, thus, keeping him behind the bars would serve no useful purpose to the prosecution. In these circumstances, the case of the petitioner calls for further inquiry into his guilt within the ambit of sub-section (2) of Section 497, Cr.P.C. 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. In view of what has been discussed above, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/-with one surety in the like amount to the satisfaction of the trial Court.
(M.A.B.) Petition allowed
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