JAMSHED AKHTAR alias MATO vs STATE
This criminal miscellaneous matter arises from a petition for post-arrest bail in F.I.R. No. 262 dated 14.11.2004 registered at Police Station Shah Kot, District Sahiwal, under Section 302/324 of the Pakistan Penal Code 1860, wherein the petitioner was accused of firing at and injuring the victim. The core legal question is whether the petitioner is entitled to post-arrest bail in the presence of a counter-version, unexplained injuries on the person of the petitioner and his mother, and the statutory delay in the commencement of the trial. The Lahore High Court held that the case calls for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 given the medical report discrepancies, the absence of explanation for the counter-injuries in the F.I.R., and the prolonged incarceration without trial. The court laid down the principle that the existence of a counter-version coupled with unexplained injuries on the accused side and non-commencement of trial makes out a case of further inquiry warranting the grant of bail.
- Whether the existence of a counter-version and unexplained injuries on the accused party makes out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Does prolonged incarceration without commencement of trial entitle an accused to post-arrest bail?
- Whether discrepancies between medical evidence and the F.I.R. narrative justify granting bail to an accused charged with a violent crime?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
1. According to the contents of F.I.R. No, 262 dated 14.11.2004, Ghulam Muhammad complainant laid information at P.S. Shah Kot, District Sahiwal, that at about 2.00 p.m. he and Akhtar Hussain were returning after watching a cricket match. When they reached on the thoroughfare near Square No, 59 Killa No, 4, Akhtar Hussain was ahead of him when the petitioner was coming from the opposite side. When he was 3/4 steps away, he suddenly took out a .30 bore Pistol from his Shalwar and fired straight hitting Akhtar Hussain on the left bicep near the armpit who fell down. The petitioner tried to fire another shot but the bullet got stuck in the chamber. The persons mentioned in the F.I.R. were present nearby who came and got hold of the petitioner. The Pistol was snatched. The petitioner and the injured were brought to the Chak and the petitioner was locked up in a room and the police was informed on a telephone. The motive stated was that Nosheer the son of paternal aunt of the complainant.is a complainant in, case F.I.R. No, 51/04 under Section 302 PPC who is the brother of Akhtar Hussain injured while the accused persons are the close ;datives of the petitioner.
2. He was arrested on 14.11.2004, his bail application has been dismissed by a learned Additional Sessions Judge, Chichawatni, on 17.5.2005.
3. 2.Learned counsel for the petitioner states that it is a case of counter-version. Eight injuries were found on the person of the petitioner as also his mother who were beaten up by the complainant party. A complaint is pending. He also states that the medical evidence is not in accord with the account in the F.I.R. The petitioner is behind the bars for the last about seven months without a trial.
4. The learned counsel for the complainant and the State oppose the bail application stating that no doubt the injury falls under Section 337-F(iii) PPC but murderous intent is apparent on the face of record.
5. 3.I have gone through the available records. I am told that the challan has been put up in Court. I will, therefore, not be commenting much on the merits but in view of the contents of the medical report as also the absence of any explanation in the F.I.R. as to the injuries on the person of the petitioner and his mother and a counter-versiod being there, I find it to be a case of further inquiry in the course of trial. The Cr.R. Misc. is accordingly allowed and the petitioner is granted bail subject to his furnishing of bail bonds in the sum of Rs, 1,00,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.