PLJ 2024 Cr.C. (Note) 193
[Lahore High Court, Lahore]
Present: Ali Zia Bajwa, J.
versus
STATE and another--Respondents
Crl. Misc. No. 25366-B of 2024, decided on 30.5.2024.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 365, 302, 201 & 436--Post-arrest bail, grant of--Further inquiry--Allegation of--Abduction--Unexplained delay in registration of crime report--During course of investigation, first investigating officer opined that petitioner was not found connected with crime in question--Subsequently, investigation of this case was changed and entrusted to DSP/Organized Crime Unit, Sheikhupura, who found petitioner involved in this occurrence on ground that motorcycle of deceased was recovered on his pointing out--No ownership details of motorcycle were collected by investigating officer--Moreover, there is nowhere mentioned in FIR that deceased went from his house on motorcycle--In these circumstances, evidentiary value of recovered motorcycle on pointing out of petitioner would be determined by trial Court after recording of evidence--All above narrated facts and circumstances make prosecution case to extent of present petitioner one of further inquiry as envisaged under Section 497(2), Cr.P.C--The petitioner is behind bars since date of his arrest, Investigation being complete, his person is no more required to police for purpose of further investigation--No useful purpose would be served by keeping petitioner behind bars for indefinite period--Consequently, petition in hand is allowed. [Para 6 & 7] A & B
Rai Ashfaq Ahmad Kharal, Advocate for Petitioner.
Syed Muntazir Mehdi Bukhari, ADPP for State.
Mr. Umar Hayat Bhatti, Advocate for Complainant.
Date of hearing: 30.5.2024.
Order
Through the instant petition filed under Section 497, Cr.P.C., the petitioner seeks his post-arrest bail in case FIR No. 1781/2022, dated 30.12.2022. offences under Sections 365, 302, 201 & 436, PPC, registered with Police Station Saddar Sheikhupura, District Sheikhupura.
2. Precisely, prosecution accusation, as per contents of the crime report is that, on 14.12.2022 at about 10:30 a.m., unknown accused persons abducted the brother of the complainant namely Kamran alias Qamar alias Moon Virk.
3. Arguments heard. Record perused.
4. Perusal of the record reflects that there is an unexplained delay of sixteen days in registration of the crime report. The present petitioner is not named in the FIR. Instead, he was implicated in this case on the basis of a supplementary statement of the complainant dated 26.10.2023. In this statement, she mentioned that on 21.10.2023 at about 09:00 a.m., Ejaz Ali and Saleem Ullah informed her that on 14.12.2022 at about 10:45 a.m., they witnessed the deceased in the company of the petitioner and his co-accused. Who were going towards Mirza Virkan. The complainant also mentioned in her statement that on the same day, Muhammad Naseer and Shafaqat Ali approached her and narrated that on 14.12.2022, they saw co-accused Abdul Rasheed holding an oil gallon, the petitioner carrying a blood-stained dagger, and co-accused Khalid Peer having a Pump action .12 bore shotgun, coming from Liaquat Ali’s fields. Further mentioned that, on the same day. Co-accused Abdul Rasheed visited her residence and made an extrajudicial confession about committing the murder of Kamran Qamar, along with his co-accused including the petitioner.
5. It came to the lime light that the complainant recorded her statement under Section 161, Cr.P.C. after about eleven months of the alleged occurrence. It is beyond comprehension that if the witnesses saw the deceased in company of the petitioner, then why they did not disclose this fact to the complainant and remained mum for an extraordinary span of time. It has been informed to the Court that the witnesses and the petitioner are residents of the same locality, therefore, not disclosing their names promptly raises doubts qua the credibility of their statements. Admittedly, no one had seen the petitioner while committing the alleged occurrence. As far as the evidence of the extra-judicial confession made by co-accused Abdul Rasheed is concerned, the same is a weak type of evidence, which can be easily crafted in absence of direct evidence.
6. During the course of investigation, the first Investigating Officer opined that the petitioner was not found connected with the crime in question. Subsequently, the investigation of this case was changed and entrusted to DSP/Organized Crime Unit, Sheikhupura, who found the petitioner involved in this occurrence on the ground that the motorcycle of the deceased was recovered on his pointing out. No ownership details of the motorcycle were collected by the Investigating Officer. Moreover, there is nowhere mentioned in the FIR that on 14.12.2022 the deceased went from his house on the motorcycle. In these circumstances, the evidentiary value of the recovered motorcycle on the pointing out of the petitioner would be determined by the trial Court after recording of evidence.
7. All the above narrated facts and circumstances make the prosecution case to the extent of present petitioner one of further inquiry as envisaged under Section 497(2), Cr.P.C. The petitioner is behind the bars since the date of his arrest, Investigation being complete, his person is no more required to the police for the purpose of further investigation. No useful purpose would be served by keeping the petitioner behind the bars for indefinite period. Consequently, the petition in hand is allowed and the an petitioner is admitted to bail after arrest subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the learned trial Court.
8. The trial Court is directed to expedite the trial proceedings and conclude the same expeditiously. If during trial, the petitioner does not co-operate with the trial Court for early disposal of the trial, it shall amount to misuse of concession of bail and the State or the complainant will be at liberty to file an application for cancellation of his bail.
(A.A.K.) Petition allowed
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