AHMED SHER and 2 others vs THE STATE
This criminal petition for post-arrest bail arises from a case registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860, following an incident where the deceased, Ghulam Muhammad, died after an altercation. The petitioners, Ahmed Sher, Muhammad Ramzan, and Muhammad Sher, were implicated in the FIR, which alleged they were part of an unlawful assembly and caused injuries to the deceased. The core legal question before the Court was whether, given the medical evidence and the findings of innocence by successive police investigations, the petitioners were entitled to the concession of bail. The Court observed that the petitioners were either empty-handed or had not been ascribed specific fatal injuries, and the medical report indicated only trivial injuries with an unascertained cause of death. Consequently, the Court held that the case required further inquiry and accepted the bail petition. The key principle laid down is that where police investigations consistently find an accused innocent and the medical evidence does not conclusively link the accused to the cause of death, a case for further inquiry is established, justifying the grant of bail.
- Does a finding of innocence by successive police investigations constitute sufficient grounds for the grant of post-arrest bail?
- Is bail appropriate when the medical evidence fails to ascertain the cause of death and only shows injuries of a trivial nature?
- Can bail be granted when no specific fatal injury is attributed to the accused in a case involving multiple participants?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' M.A. SHAHID SIDDIQUI, J.---Ahmed Sher, Muhammad Ramzan and Muhammad Sher petitioners along with six others are involved in a case under sections 302, 148, 149, P.P.C. Registered with Gunjial Police, District Khushab on 5-8-2005 vide F.I.R. No,161.
2. As per F.I.R. Ghulam Muhammad deceased and Fateh Khan accused lived in two separate Ihatas in Mauza Mitha Khoh Dakhali which are adjacent to each other. On 4-8-2005 at about 8-00 p.m.
Ghulam Muhammad deceased, after having an altercation with Fateh Khan, went to his Ihata. It is alleged that at about 8-30 p.m. Fateh Khan accompanied by Sher Muhammad and three others including the present petitioners went to the Ihata of Ghulam Muhammad. Muhammad Khan, Allah Yar, Muhammad Waris and Ahmed Sher petitioners were armed with dandas while the rest of the accused were empty handed. Sher Muhammad co-accused allegedly raised Lalkara that Ghulam Muhammad would be given a taste for hurling abuses. Fateh Khan co-accused pressed the neck while Ahmed Sher petitioner gave sota blows on the right flank and belly of Ghulam. Muhammad.
Sher Muhammad,Muhammad Ramzan, Muhammad Sher assaulted Ghulam Muhammad with kicks and fists. As per medical evidence four bruises and one contusion were found on the body of Ghulam Muhammad deceased. The cause of death was to be given by the doctor after the receipt of the report of the host pathologist.
3. During the, investigation of the case the police found that the occurrence had taken place on the occasion of the marriage of Muhammad Ramzan accused with the sister of Muhammad Sher accused on a petty dispute. During successive investigations the present petitioners were found to be innocent.
4. I have heard the learned counsel for the parties at length and have perused the record.
Muhammad Ramzan and Muhammad Sher petitioners were empty handed. No specific injury has been ascribed to them. According to the post-mortem examination report, few injuries of trivial nature were found on the dead-body. The cause of death cannot be said to have been ascertained. The finding of innocence recorded by different police officers cannot be ignored.
Considering it a fit case for further probe and inquiry, I accept this petition and enlarge the petitioners on bail subject to furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of the learned Sessions Judge, Khushab.