| Case ID |
0bffc012-d102-4a84-a498-c6b5e3a5ef72 |
| Body |
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| Case Number |
Crl. Misc. No. 5235-B of 2015 |
| Decision Date |
Nov 18, 2015 |
| Hearing Date |
Nov 18, 2015 |
| Decision |
ORDER
The petitioner, namely, Muhammad Amjad seeks pre-arrest bail in case FIR No. 151/2013, dated 27.8.2013, under Sections 406/109/462-E and 462-D, PPC, registered at Police Station FIA, Multan, at the instance of Irtaza Haider, Assistant Director, FIA, Multan.
Allegedly, the petitioner committed theft of gas.
Learned counsel for the petitioner argued the application at some length and focused on the point that the co-accused of the petitioner with similar role have been admitted to pre-arrest bail by the Court vide order dated 11.06.2015 passed in Criminal Misc. No. 977-B/2015 titled "Muhammad Taufique vs. The State, etc" and Criminal Misc. No. 1620-B/2015 titled "Abdul Hameed vs. The State and another". He further added that allegedly the petitioner was recipient of that illegal supply made/arranged by the co-accused and since the detection bill has already been deposited with the concerned quarter and as the requisite connections have already been restored, thus, the arrest of the petitioner would not serve any purpose to the prosecution. Learned counsel referring to the case reported as Azmatullah vs The State and another (2011 SCMR 1935), and Shaukat Ali vs. The State (2008 P.Cr.R. 873) canvassed for confirmation of pre-arrest bail of the petitioner.
No-body entered appearance on behalf of the State despite valid service.
After hearing the arguments of the learned counsel for the petitioner and perusing the record, it was observed that the case of the petitioner is at better footing than that of co-accused, namely, Muhammad Taufique and Abdul Hameed who have been allowed pre-arrest bail by this Court vide order dated 11.06.2015, passed in Criminal Misc. No. 977-B/2015 and Criminal Misc. No. 1620-B/2015, thus, principle of consistency is applicable to the petitioner's case.
For the reasons mentioned above, this application is accepted subject to furnishing fresh 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 within seven days pre-arrest bail earlier granted to the petitioner vide order dated 01.09.2015 is confirmed.
Bail allowed |
| Summary |
In the notable case of MUHAMMAD AMJAD vs. STATE and another, adjudicated by Justice SARDAR AHMED NAEEM at the Sindh High Court, the petitioner sought pre-arrest bail under the provisions of the Criminal Procedure Code, 1898 and Pakistan Penal Code, XLV of 1860. Filed as Crl. Misc. No. 5235-B of 2015, the decision was rendered on November 18, 2015. The case revolves around an alleged theft of gas, with FIR No. 151/2013 filed at Police Station FIA, Multan by Irtaza Haider, Assistant Director of FIA. The petitioner, represented by Advocate Mr. Muhammad Bilal Butt, argued for bail citing the principle of consistency, referencing similar cases where co-accused were granted pre-arrest bail. Key legal references include Azmatullah vs The State and another (2011 SCMR 1935) and Shaukat Ali vs. The State (2008 P.Cr.R. 873), supporting the petitioner's stance. Despite the absence of representation from the State, the court observed that the petitioner's case was stronger compared to co-accused Muhammad Taufique and Abdul Hameed, who had previously been granted bail. Consequently, the court granted pre-arrest bail to MUHAMMAD AMJAD, subject to furnishing fresh bail bonds, highlighting the effective application of legal principles in ensuring fair judicial proceedings. This case underscores the importance of legal advocacy in securing bail and reflects the judiciary's commitment to principle-based consistency in criminal proceedings. Trending legal topics such as pre-arrest bail, Islamabad judiciary decisions, FIA investigations, and Pakistan's criminal law reforms are prominently featured, making this case a significant reference for legal practitioners and scholars interested in bail jurisprudence and procedural justice in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Federal Investigation Agency (FIA),
Police Station FIA, Multan
|
| Judges |
SARDAR AHMED NAEEM
|
| Lawyers |
Mr. Muhammad Bilal Butt
|
| Petitioners |
MUHAMMAD AMJAD
|
| Respondents |
another,
STATE
|
| Citations |
2016 SLD 1556,
2016 PLJ 197
|
| Other Citations |
Azmatullah vs The State and another (2011 SCMR 1935),
Shaukat Ali vs. The State (2008 P.Cr.R. 873)
|
| Laws Involved |
Criminal Procedure Code, 1898,
Pakistan Penal Code, XLV of 1860
|
| Sections |
S. 498,
S. 462-D
|