MUHAMMAD SHAH and another vs THE STATE
This bail application arises from a criminal case where the applicants sought post-arrest bail, contending that the prosecution's case was fabricated due to enmity. The core legal question was whether the applicants were entitled to bail based on significant contradictions between the First Information Report (F.I.R.) and the investigation documents. Specifically, the defense highlighted that the F.I.R. alleged the applicants were apprehended at the scene of the incident, whereas the Mashirnama of arrest indicated they were arrested while admitted at a Rural Health Center. Furthermore, the Mashirnama of the place of incident revealed that no empty casings were recovered, and the alleged ineffective firing marks were absent from the wall, contradicting the prosecution's narrative. The Court observed that the State counsel could not provide a satisfactory explanation for these material discrepancies. Consequently, the Court held that the case warranted further inquiry and granted bail to the applicants. The principle established is that material contradictions between the F.I.R. and contemporaneous investigation documents, such as the Mashirnama, create reasonable grounds for further inquiry, thereby entitling an accused to the concession of bail.
- Does a material contradiction between the F.I.R. and the Mashirnama of arrest constitute grounds for further inquiry in a bail application?
- Is an accused entitled to bail when the prosecution fails to explain discrepancies regarding the place and manner of arrest?
- Does the absence of physical evidence, such as empty casings, at the alleged scene of incident support a plea for further inquiry in bail proceedings?
ORDER
1. Learned counsel for the applicants submitted that the case against the applicants is a result of enmity and the contents of F.I.R. Are belied by the Mashirnama of arrest and the place of incident prepared by the Investigating Officer. It is a case of ineffective firing and according to the F.I.R. The applicants were apprehended at the spot and handed over to Inspector Azizullah Morio of Investigating Police Daulatpur. According to the Mashirnama of arrest Inspector Azizullah Morio arrested the applicants from the Rural Health Center Jehania where they were already admitted.
2. Mashirnama of place of incident shows that no empties were recovered from the place of incident and it was stated that ineffective firing hit at the wall but no such sign was found on the wall at the place of incident. In the above circumstances, learned counsel for the applicant has submitted that it is a case of further inquiry and the applicants are entitled to be released on bail.
3. ' Learned State counsel has opposed the bail application but he has no explanation for the contradiction in the F.I.R., Mashirnama of arrest and the place of incident.
4. ' In the above circumstances, both the applicants are granted bail in the sum of Rs.1,00,000 each and P.R. Bond in the like amount to the satisfaction of learned trial Court.