Muhammad Aslam vs The State
This is a criminal petition filed by Muhammad Aslam seeking post-arrest bail in case FIR No. 147 registered under Section 302 and Section 34 of the Pakistan Penal Code 1860, along with subsequently added Section 377 of the Pakistan Penal Code 1860 and Section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal question was whether the petitioner was entitled to post-arrest bail considering the delayed FIR, unwitnessed murder, introduction of his name through a supplementary statement, questionable evidentiary value of last-seen evidence and a joint extra-judicial confession, and his juvenile status. The Lahore High Court held that the case called for further inquiry into the petitioner's guilt under Section 497(2) of the Code of Criminal Procedure 1898, and that his age attracted the beneficial provisions of the first proviso to Section 497(1) of the Code of Criminal Procedure 1898 and the Juvenile Justice System Ordinance 2000. The petition was allowed and the petitioner was admitted to bail.
- Whether a petitioner is entitled to post-arrest bail when named through a delayed supplementary statement based on unwitnessed murder and questionable evidence?
- Does a joint extra-judicial confession possess sufficient evidentiary value at the bail stage to deny relief?
- Whether the juvenile status of an accused and completion of investigation attract the provisions of further inquiry and statutory bail under the Code of Criminal Procedure 1898?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 377, Pakistan Penal Code 1860
- Section 12, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497, Code of Criminal Procedure 1898
- Section 10, Juvenile Justice System Ordinance 2000
ORDER
ASIF SAEED KHAN KHOSA, J.- Through this petition Muhammad Aslam petitioner has sought post- arrest bail in case FIR No. 147, registered at Police Station Hujra Shah Muqeem, District Okara on 18.03.2004 for an offence under section 302, P.P.C, read with section 34, PPC. During the investigation section 377, PPC and section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 were added to the FIR.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the FIR in this case had been lodged with a noticeable delay. Admittedly the murder in issue had remained unwitnessed. The petitioner has not been nominated in the FIR in any capacity whatsoever and his name had been introduced through a supplementary statement made by the complainant. So far there are only two pieces of evidence available on the record tending to connect the petitioner with the alleged offences, i.e. Firstly, the last-seen evidence provided by Muhammad Saleem and Muhammad Javed Iqbal PWs and secondly, an extra-judicial confession allegedly made by the petitioner and his co-accused on 19.03.2004 before Liaquat AN and Muhammad Sharif PWs. The said witnesses had made their statements before the Investigating Officer regarding the extra-judicial confession on 22.03.2004, i.e. After three days of the alleged making of those confessions. Prima facie the statements made by the said witnesses shows that the confessions allegedly -made by the petitioner and his co-accused before the said witnesses had the trappings of a joint confession and thus, their evidentiary value is suspect at this stage- The worth and evidentiary value of the last-seen evidence shall be gone into by the learned Trial Court at the time of the trial. There is no other evidence directly connecting the petitioner with the alleged offences. The challan in this case has already been submitted after completion of investigation and, thus, continued custody of the petitioner in jail is not likely to serve any beneficial purpose at this stage, It may not be out of place to mention here that the petitioner is stated to be aged about sixteen years and the challan against him has been submitted before a juvenile Court, In this view of the matter the case against the petitioner attracts the provisions of the first proviso to sub-section (1) of section 497, Cr.P.C, besides attracting the provisions of section 10 of the Juvenile Justice System Ordinance, 2000 entitling the petitioner to bail to such a stage.
3. For what has beer discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of sub-section (2) of section 497, Cr.P.C, besides attracting the provisions of the first proviso to subsection (1) of the Juvenile Justice System Ordinance, 2000. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs. 50,000/- (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the Learned Trial Court.