Pir Bukhsh vs The State
This criminal petition arises from an application for post-arrest bail filed by the petitioner, who sought relief on grounds of false implication, absence from the scene of the occurrence as per police investigation, and lack of recovery. The core legal question before the Court was whether the petitioner was entitled to the concession of bail under the provisions of the Code of Criminal Procedure 1898, specifically regarding the applicability of the further inquiry clause. The Court, upon reviewing the record, noted that the petitioner was specifically named in the First Information Report and was alleged to have caused a firearm injury to a star witness, Mst. Anwar Bibi. The Court observed that multiple prosecution witnesses, including women, sustained firearm injuries during the incident. Rejecting the contention that the police investigation findings were binding upon the Court, the judge held that the petitioner failed to make out a case for bail. Consequently, the bail petition was dismissed, reinforcing the principle that specific allegations of direct involvement and injury in a crime, supported by witness statements, preclude the grant of bail at the pre-trial stage.
- Are findings of a police investigation binding upon the Court during bail proceedings?
- Does the mere naming of an accused in the First Information Report and an allegation of causing firearm injury preclude the grant of bail?
- When does a criminal case qualify for bail under the further inquiry clause of the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
ORDER KH. MUHAMMAD SHARIF, J.~ it is contended by learned counsel for the petitioner that whole male family members of the petitioner have been roped in falsely in this case; that according to the police investigation he was not present at the place of occurrence; that no recovery has been effected from him and that case of the petitioner is of further inquiry falling under sub-section (2) of Section 497, Cr.P.C.
2. On the other hand learned State counsel' submits that petitioner is named in the F.I.R.; that he has caused injury with 12 bore gun on the person of Mst. Anwar Bibi, injured PW.
3. I have heard learned counsel for the parties. Five PWs including women have been injured. There are fire-arm injuries on the persons of injured PWs. As far as finding of the police is that binding upon the Court. Mst. Anwar Bibi star witness who was injured during the occurrence and according to F.I.R, petitioner caused injury on her right arm. No case for bail is made out. This petition is dismissed.