RIZWAN KASHIF vs THE STATE
This matter arises from a criminal case registered under sections 302, 324 and 34 of the Pakistan Penal Code 1860 at Police Station Baghbanpura, Lahore. The core legal question concerns the entitlement of the petitioner, Rizwan Kashif, to post-arrest bail where the police investigation through a supplementary case diary (Zimni) suggests that the petitioner was attempting to pacify the parties and part them rather than acting as an aggressor, notwithstanding an initial attribution of a firearm shot in the First Information Report. The Lahore High Court held that the detailed investigation and statements supporting the petitioner's role of intervention bring the case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. Consequently, the court admitted the petitioner to post-arrest bail subject to surety. The key principle laid down is that a thorough police investigation forming the basis of a favorable Zimni can provide reasonable grounds for a tentative assessment warranting post-arrest bail pending trial.
- Whether the conclusions of a police investigation recorded in a case diary can form the basis for granting post-arrest bail?
- Does an allegation of intervening to stop a fight rather than acting as an aggressor constitute a case of further inquiry under criminal law?
- Under what circumstances can an accused attributed with a firearm shot during a crime be granted post-arrest bail pre-trial?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' ALI NAWAZ CHOWHAN, J.-- The matter pertains to case F.I.R. 145 dated 11-2-2005 registered at Police Station Baghbanpura, Lahore, under sections 302, 324 and 34, P.P.C.
2. ' The story as narrated in the F.I.R. By Khadim Hussain complainant is in the following words:- {{URDU TEXT}} {{IMAGE}} It appears from the, F.I.R. That Rizwan Kashif, the present petitioner, he has been attributed the third fire at the deceased. The only thing which is going in favour of the petitioner at this particular stage is the statement of the I.O. Mr. Tariq Awan Inspector, who is present before this Court He has shown to this Court his Zimni recorded on 25-5-2005. According to him, after his thorough investigation he has come to the conclusion that although Rizwan Kashif was present at the place of occurrence but he was not amongst the aggressors rather he was trying to bring about a compromise inter se the parties and was trying to part them away from the fight and in this connection he had also snatched a gun from one of the assailants. That this role of his was affirmed by many other eye- witnesses. He went on to say that it was not one person but many persons who came forwarded with this version as far as the petitioner Rizwan Kashif is concerned. It is said that he is being placed in column No,2 of the challan.
3. ' The ipse dixit of the police is, of course, not binding on the Court. But what else will be the evidence available while a case is being viewed. However what has been stated by Mr. Tariq Awan, Inspector, is not an ipse dixit but is based on a proper and thorough investigation, about which he has made a full mention in his detailed B Zimni. This opinion, therefore, will be of value for the petitioner at this stage, but always subject to the condition that if there was any incriminating aspect brought on the file then this may get diminished or liable to be reviewed.
4. ' What has been stated before this Court, makes this case one of further inquiry and, therefore, this Court admits him to post-arrest bail, subject to his furnishing bail bond in the sum of Rs,1,00,000 with a respectable local surety C in the like amount to the satisfaction of the trial Court. Provided always that this order will be liable to be recalled on discovery of further incriminating facts against the petitioner.