PLJ 2024 Cr.C. (Note) 206
[Lahore High Court, Multan Bench]
Present: Sardar Muhammad Sarfraz Dogar, J.
MUHAMMAD SHEHBAZ--Petitioner
versus
STATE, etc.--Respondents
Crl. Misc. No. 2349-B of 2024, decided on 2.5.2024.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), S. 392/411--Identification parade--Delayed--No specific role--Post arrest bail--grant of--Petitioner is not named in FIR--Petitioner is arrested u/S. 54 of Cr.P.C.--Identification parade was held after seven days of his arrest--Complainant and PW’s has not given any specific role of the petitioner--As regards to the involvement in similar nature case, there is no conviction on the part of the petitioner--Petitioner is admitted bail. [Para 4 & 5] A, B & C
PLJ 2023 Cr.C. (Note) 25; 2008 PCrLJ 1444 ref.
Khawaja Qaisar Butt, Advocate for Petitioner.
Mr. Hassan Mehmood Khan Tareen, Deputy Prosecutor General for State.
Nemo for the Complainant.
Date of hearing: 2.5.2024.
Order
Through this petition, the petitioner seeks post-arrest bail in case FIR No. 401, dated 01.04.2023, offences under Sections 392, 411, PPC, registered at Police Station Model Town, District Vehari.
2. As per crime report, during the intervening night of 30/31.03.2023, three unknown accused persons, while armed with their respective weapons, committed robbery of gold ornaments, 8200 Rayal, Rs. 350,000/-alongwith other valuable articles.
3. Arguments heard. Record perused.
4. Admittedly, the petitioner is not named in the FIR. The petitioner was arrested in this case under Section 54 of the, Cr.P.C. on 24.05.2023 and was sent to judicial lock up for the purpose of identification parade. The identification parade was held on 01.06.2023 i.e. after seven days of his arrest. In the FIR, the complainant has given specific role of searching to two accused persons and specific role of pointing fire-arm towards them to one accused, however, during the course of identification parade, although the petitioner was rightly identified by the complainant and witnesses but the fact remains that neither the complainant nor any of the witnesses has given any specific role of the present petitioner. Even otherwise, as is obvious from the record, the identification parade has been held after a considerable delay from the arrest of the accused and it has been held in latest case law titled “Yaqoob alias Qoobi v. The State” (PLJ 2023 Cr.C. (Note) 25) that “... identification parade was held after a delay of 7 days after arrest of accused…. This delay creates a lot of doubt regarding identification parade as witnesses had various opportunities to see accused persons...”. In these circumstances, liability of petitioner for the said offences would be determined by the learned trial Court after recourse to evidence and till then case of petitioner would be within the domain of Section 497(2), Cr.P.C. calling for further inquiry into the his guilt as at present, for the purpose of connecting the petitioner with the commission of alleged crime, no other substantive piece of evidence is available with the prosecution.
5. As regards contention of learned law officer that petitioner is involved in similar nature of cases suffice it to say that there is no conviction on the part of the petitioner in such cases, therefore, this argument is of no avail to the learned law officer. Reliance is made upon Jafar Hussain alias Jojo v. The State (2008 P.Cr.L.J. 1444).
6. Even otherwise, the investigation is complete. The person of the petitioner is no more required by the police for further investigation. He is behind the bars since his arrest without any progress in the trial.
7. Therefore, without further commenting upon the merits of the case, this petition is accepted and petitioner is allowed post-arrest bail subject to his furnishing bail bond in the sum of Rs. 2,00,000/-with two sureties in the like amount to the satisfaction of the learned trial Court.
8. It is, however, clarified that the observations made hereinabove are tentative in nature, and strictly confined to the disposal of this bail petition.
(M.A.B.) Bail allowed
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