Major REHAN ZIA vs State Ss — 2022 SCMR 1115 SUPREME-COURT

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Major REHAN ZIA VS State Ss. 154, 494 & 498---Penal Code (XLV of 1860), Ss. 448 & 380---Criminal Law (Second Amendment) Ordinance (VII of 1990), Preamble---House-trespass, theft in dwelling house---Pre-arrest bail, grant of---'Complainant'---Scope---Complainant of FIR passing away during the proceedings---After the moving of application before the Investigating Officer, the complainant of present case passed away---During the course of proceedings a lady claiming herself to be sister-in-law of the deceased complainant tried to take charge as complainant, and was in-fact claiming her status on the basis of a power-of-attorney---Held, that such power of attorney did not exist in the eyes of law as the executant of the same had already passed away---As far as criminal law was concerned, the concept of initiation of prosecution laid with the aggrieved person under section 154, Cr.P.C. and thereafter the same was entrusted to the State whereas under section 494, Cr.P.C. if the proceedings were supposed to be withdrawn, the same was responsibility of the Public Prosecutor---After the promulgation of Criminal Law (Second Amendment) Ordinance, 1990, the scope of aggrieved person had been extended, however, it was only limited to the cases relating to bodily harm---Present case only related to sections 448 & 380, P.P.C., which did not come within the ambit of bodily harm, therefore, the extension of definition of aggrieved person was not available to lady in the given circumstances---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to pre-arrest bail. Head NotesCase Description Citation Name: 2022 SCMR 1115 SUPREME-COURTBookmark this Case Major REHAN ZIA VS State S. 498---Penal Code (XLV of 1860), Ss. 448 & 380---Constitution of Pakistan, Art. 185(3)---House-trespass, theft in dwelling house---Pre-arrest bail, grant of---Present case was lodged with an inordinate delay of about seven months---Record showed that it was at least the second attempt made by the complainant to proceed against the accused---In earlier round of litigation, the accusation against the accused was found baseless and in this regard a detailed inquiry was carried out by a Superintendent of Police (SP)---After the completion of the inquiry, the Inquiry Officer, a senior police officer was also saddled with the allegation of not conducting the investigation as per law, however such allegation too was found to be baseless after probe by the Senior Superintendent of Police (SSP) (Accountability)---Complainant had made only bald allegations against the accused as time, date and detail of the allegedly stolen articles was not given---Admittedly the accused was the sole proprietor of the house and this had been declared by a court of competent jurisdiction after prolonged litigation---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to pre-arrest bail. Head NotesCase Description Citation Name: 2022 SCMR 1115 SUPREME-COURTBookmark this Case Major REHAN ZIA VS State S. 498---Penal Code (XLV of 1860), Ss. 448 & 380---Constitution of Pakistan, Art. 185(3)---House-trespass, theft in dwelling house---Pre-arrest bail, grant of---Accused an army official---No chance of absconsion---Accused, who was an officer of the Army had been entangled in the present case on the basis of material, which prima facie did not constitute any offence---Even otherwise, he being a member of the armed services, it seemed that there was no chance of his absconsion, which aspect further lent support in his favour as far as the relief of bail was concerned---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to pre-arrest bail. Head NotesCase Description

Major REHAN ZIA vs State Ss — 2022 SCMR 1115 SUPREME-COURT

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