DABEER ABBAS alias PAPPU SHAH vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, Dabeer Abbas alias Pappu Shah, who was charged under Section 302/34 of the Pakistan Penal Code 1860 for the murder of Nazir Ahmad. The core legal question was whether the petitioner was entitled to bail given the evidence presented in the F.I.R. and the investigation record. The Court observed that while the petitioner was named in the F.I.R., no specific role of causing the fatal injury was attributed to him, as the post-mortem report indicated only a single sharp-edged weapon injury, which was attributed to a co-accused. Furthermore, the Court noted an unexplained delay in the post-mortem examination and the fact that no recovery was made from the petitioner. Holding that the investigation against the petitioner was complete and further incarceration would serve no purpose, the Court allowed the bail petition. The key principle laid down is that where the prosecution fails to attribute a specific fatal injury to an accused and investigation is complete, the accused is entitled to bail.
- Is an accused entitled to bail when the F.I.R. contains only a general allegation of beating and the post-mortem report reveals only a single fatal injury attributed to a co-accused?
- Does an unexplained delay in conducting a post-mortem examination constitute a ground for granting bail?
- Can bail be granted when the investigation against the accused is complete and no recovery has been made from them?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' MIAN MUHAMAD NAJAM-UZ-ZAMAN, J---Dabeer Abbas alias Pappu Shah petitioner seeks post- arrest bail in case F.I.R. No, 673 of 2005, dated 16-7-2005 registered under section 302/34, P.P.C. At Police Station, Shafiqabad, Lahore.
2. In brief the story of the prosecution as penned in the F.I.R. Is that on 16-7-2005 at 6.00 a.m.
Petitioner who was armed with Chhurri along with other co-accused who were also armed with sharp-edged weapons, in furtherance of their common intention, had committed the murder of Nazir Ahmad. Allegedly, at the relevant time petitioner and his co-accused had given beating to the deceased and co-accused of the petitioner namely Tanveer alias Mushka gave Chhurri blow to Nazir in abdomen as a result of which he died later on in the hospital.
3. Petitioner was arrested on 12-8-2005 and his bail application was dismissed by the Addl.
Sessions Judge, Lahore vide order dated 8-10-2005. Hence, the instant petition.
4. After hearing the learned counsel for the parties at some length and going through the record, I have observed that though petitioner is named in the F.I.R. But no specific role of causing injuries to the deceased has been attributed to him and there is only a general allegation against the petitioner that he along with his co-accused had given beating to the deceased but on the other hand, the post-mortem report reveals that there was only one sharp-edged weapon injury on the person of the deceased. I have also observed that this occurrence took place on 16-7-2005 and according to the police record deceased had died at 1.30 p.m. But the post-mortem examination of the deceased was conducted on 23-7-2005. Learned counsel for the State is not in a position to explain the delay in post-mortem examination. Admittedly, during the investigation nothing was recovered from the petitioner, the investigation to his extent is complete and he is no more required for the said purpose and further incarceration of the petitioner would not serve any purpose. In this view of the matter, the instant petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rupees one lac with one surety in the like amount to the satisfaction of Deputy Registrar (Judl.) of this Court.