ABDUL MATEEN vs THE STATE
This bail application arises from FIR No. 62 of 2006, registered under Sections 353 and 324 of the Pakistan Penal Code 1860, concerning an alleged police encounter in which one individual died and the applicant was arrested with an alleged recovery of a .30 bore pistol. The core legal question before the Court was whether the applicant was entitled to post-arrest bail given the conflicting versions of the incident presented by the prosecution and the defense. The applicant contended that the encounter was staged, alleging that police abducted him and murdered his companion, Hikmatullah, leading to the registration of a counter-FIR against the police party under the direction of the Sessions Judge. The Court held that the existence of a counter-FIR challenging the legitimacy of the police encounter created a situation of further inquiry into the applicant's guilt. Consequently, the Court admitted the applicant to bail, establishing the principle that where a cross-version of an incident exists, particularly involving allegations of a staged encounter, the case warrants further inquiry, thereby entitling the accused to the concession of bail.
- Does the registration of a counter-FIR against the police party regarding the same incident constitute a case of further inquiry for the purpose of bail?
- Is an accused entitled to bail when the prosecution's version of a police encounter is contested by a counter-FIR?
- Section 353, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
ORDER
1. ' KHILJI ARIF HUSSAIN, J.---This application has been filed for grant of bail to the applicant in F.I.R.
2. No,62 of 2006, registered under sections 353/324, P.P.C. As Police Station Mubeena Town, Karachi.
3. ' Brief facts of the prosecution case as per F.I.R. Are that on 14-3-2006 an encounter took place between the police party and accused party wherein one accused was died, whereas the other received injuries a .30 bore pistol was recovered by that police from the applicant.
4. ' Heard Mr. Lal Chand Mamtani, learned counsel for the applicant and M/s. Shahida Jatoi, learned counsel for the State, and perused the record.
5. ' Learned counsel for the applicant vehemently argued that a false encounter has been imposed upon the applicant and police after abducting the applicant murdered one Hikmatullah, a friend of the applicant and thereafter registered the F.I.R., alleging encounter. It is stated that on the complaint of the father of deceased Hikmatullah and on the direction of the learned Sessions Judge, an F.I.R. Has been registered against the policy party.
6. In view of the above, since a counter F.I.R. Has been registered against the police party questioning the encounter, the applicant's case becomes a case of further inquiry. Accordingly, the applicant is admitted to bail in the sum of Rs,1,00,000 and PR Bound in the like amount to the satisfaction of the Nazir of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.