MUHAMMAD AKHTAR vs STATE
This petition for post-arrest bail arises from FIR No. 287/03, registered under Sections 337-A(i), 337-A(iii), and 34 of the Pakistan Penal Code 1860 at Police Station Alpa, District Multan. The petitioner sought bail, contending false implication due to enmity, inconsistency between the FIR and medical evidence, and the fact that he had been incarcerated for two months without the commencement of the trial. The State opposed the application, citing the petitioner's specific role in the alleged violence. Upon review, the Court noted that while the petitioner was named in the FIR for inflicting a blow, the medical evidence was questionable, as the medical officer opined on a fracture without radiologist confirmation, and the injured was not hospitalized. Finding that the petitioner’s continued incarceration was unnecessary for investigation and that the trial had not commenced, the Court held that the case required further inquiry into the petitioner's guilt. Consequently, the Court granted post-arrest bail, establishing that where medical evidence is inconclusive and investigation is complete, a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 is made out.
- Does an inconclusive medical opinion regarding a fracture justify further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is a petitioner entitled to bail when the investigation is complete and the trial has not yet commenced?
- Can bail be granted when the medical evidence contradicts the allegations in the FIR?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
1. Through this petition the petitioner has sought for the relief of his post arrest bail in case FIR No, 287/03 dated 20.11.2003 registered under Sections 337-A(i) 337-A(iii), 34, PPC at Police Station Alpa District Multan.
2. 2.It is argued by the learned counsel for the petitioner that he has been falsely involved in this case due to previous enmity; that the offences complained are not applicable against the petitioner; that the FIR is belied by the medical evidence, that the petitioner is behind the bars for the last about two months being no more required by the police for further investigation and the trial against him has still been commenced.
3. 3.On the contrary learned state counsel opposed the petition on the ground that the petitioner is named in the FIR with a specific part of violence, therefore, he is not entitled for the concession of bail.
4. 4.Heard both the parties. Record perused Record reveals that though the petitioner is named in the FIR with a specific part of violence to-this effect that he allegedly inflicted a heard blow to Zahoor Ahmad injured yet the fact remains that as contended by the learned counsel for the petitioner the medical officer at the time of examination of injured has advised for Ex-ray but he has also given an opinion regarding the fracture without referring to the radiologist. He has further went on arguing that the injured has not been admitted in the hospital. The petitioner is stated to be behind the bars for the last about two months being no more required by the police for further investigation and the trial against him has still not been commenced . In view of the above discussion, there are sufficient reasons to believe that case of the petitioner needs further inquiry into his guilt and falls under sub-section (2) of Section 497 Cr.P.C. The petitioner is therefore, held entitled for the concession of bail subject to his furnishing bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of learned trail Court.