GHAZANFAR ALI alias MITHU vs THE STATE
This is a criminal petition seeking post-arrest bail in a case involving double murder and rioting. The core legal question is whether the petitioner is entitled to bail under subsection (2) of Section 497, Code of Criminal Procedure 1898, given that no weapon or corresponding empty shell was recovered from him and he was placed in Column No. 2 of the challan as innocent, notwithstanding that he was named in the First Information Report with a specific role. The Lahore High Court accepted the petition and granted bail, holding that the absence of recoveries and placement in Column No. 2 bring the case within the scope of further inquiry under Section 497(2), Code of Criminal Procedure 1898. The key principle laid down is that where the police report places an accused in Column No. 2 and corroborative recoveries are lacking, the case warrants further inquiry for the purpose of bail.
- Whether an accused named in the F.I.R. for a capital charge is entitled to bail when placed in Column No. 2 of the challan without weapon recovery?
- Does the absence of crime empties matching the alleged weapon constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
- Section 497(1), Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Submits that only in effective firing is attributed to the petitioner, that he was armed with.
Klashnikov according to the F.I.R. But no empty of Klashinkov was recovered from the spot, that no recovery of Klashnikov was effected from him and that he has been placed in Column No.2 of the challan.
2. Learned State counsel assisted by learned counsel for the complainant submits that petitioner is named in the F.I.R., specific role is attributed to him, he was the member of an unlawful assembly, that it is a case of double murder, that he had been playing hide and seek with the Court by making different applications, that offence falls within the ambit of section 497(1), Cr.P.C. And moreover opinion of the police is not binding on the Courts.
3. Heard. Though petitioner is named in the F.I.R. And according to the F.I.R. He was armed with Klashnokov but no empty of Klashnikov was recovered from the spot, no Klashinkov was recovered from him, he has been found innocent and has been placed in Column No. 2 of the challan, so in my opinion, case of the petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C., therefore, this petition is accepted. Petitioner is allowed bail subject to furnishing bail bonds to the tune of Rs.1,00,000 (one lac) with two sureties in the like-amount to the satisfaction of trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.