ABDUL NAEEM vs THE STATE
This is a criminal bail application before the Sindh High Court wherein the accused, Abdul Naeem, sought post-arrest bail in a case registered under Section 302 of the Pakistan Penal Code 1860 relating to the alleged murder of his son-in-law, Jameel. The core legal question was whether the accused made out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, given the material available on record. The court held that since the real sister of the deceased, in her statement recorded under Section 164 of the Code of Criminal Procedure 1898, exonerated the accused by stating that the deceased committed suicide after demanding money and being refused, reasonable grounds existed to believe that the accused was not guilty of the charged offense. Consequently, the court admitted the accused to post-arrest bail, laying down the principle that a statement under Section 164 exonerating the accused, coming from a close relative of the deceased, can furnish sufficient grounds for grant of bail pending trial.
- Whether post-arrest bail can be granted when a witness statement under Section 164 Cr.P.C. exonerates the accused?
- Does a statement by the real sister of the deceased attributing the death to suicide constitute reasonable grounds for further inquiry under Section 497(2) Cr.P.C.?
- Is an accused entitled to bail when the initial F.I.R. is contradicted by subsequent statements of eyewitnesses recorded during investigation?
- Section 164, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
ORDER
1. ' Heard the learned counsel appearing for the parties, Complainant Bashir Ahmed lodged F.I.R. At Police Station Baghdadi on 30-3-2004 at 15-20 hours, stating therein that he had left for Turbat Balochistan when his son, namely, Khalil informed him by telephone that his other son, namely, Jameel had suffered bullet injury and died; he returned back to Karachi, when his son Khalil allegedly informed him that deceased was fired upon in the house of his maternal uncle Naeem at 8-30 a.m. On 29th March, and thereby suffered bullet injury and was taken to the hospital wherein he succumbed to the same and died.
2. ' Complainant further alleged in the F.I.R. That deceased Jameel on the one hand and his father-in- law, namely, Naeem on the other hand been entering into altercations-hot words from time to time and, therefore, he thereby implicated Naeem, his son Talal and his brother Jabbar and also wife of Jameel, namely, Mst. Hina for having committed the intentional murder of Jameel.
3. Learned counsel for accused/applicant Ahdul Naeem has referred to the 164, Cr.P.C. Statement of Mst. Zarina recorded by learned Judicial Magistrate IX Karachi (South) on 5th May, 2004, certified copy whereof is filed with this bail application, wherein she has specifically stated that deceased Jameel was her real brother and was residing in the house of his maternal uncle Naeem viz. Accused/applicant; she was also residing in the house with applicant/accused; and that deceased Jameel was addicted to take intoxications and, therefore, used to make demand of money from her viz. Mst. Zarina as well as from accused/applicant Naeem and also from Mst. Hina; so also, on the day of incident at 8-00 a.m., the deceased demanded money from Mst. Zarina as well as from Mst. Hina who declined to pay the same to him, whereupon he took out a pistol and told them that he would commit suicide, and fired the pistol on his own person, whereby he sustained injury on his waist; Mst. Zarina and Mst. Hina took him to the hospital but on the way he succumbed to the injuries and died.
4. ' She further specifically stated in the said 164, Cr.P.C. Statement that on return from Turbat, her father fought with accused/applicant Naeem and then filed this case, further mentioning the reasons for filing of the F.I.R. By her father.
5. For the reasons that Mst. Zarina the real sister of the deceased has not implicated the accused/applicant, he is hereby admitted to bail in the sum of Rs.1.00,000 (Rupees One Lac) with P.R. Bond in the like amount to the satisfaction of the trial Court.
Cited by 1 case
- MUHAMMAD YOUNUS vs ZAMEER HUSSAIN SHAH and 2 others 2017 YLR 1238