SHAH BARAT and another vs THE STATE
The petitioners sought post-arrest bail in a criminal matter arising from an incident dated 5-1-2006, wherein they were accused of causing the death of a seventy-year-old man through a physical altercation involving a 'Lalkara' and pressing of testicles. The core legal question was whether the petitioners were entitled to bail given the medical evidence on record. The Lahore High Court held that the absence of any marks of violence on the body of the deceased during the post-mortem examination, coupled with a bacteriologist report stating that the heart specimen was totally autolysed and no opinion could be expressed, belied the prosecution case. Consequently, the Court ruled that the case fell within the purview of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The petition was accepted, and the petitioners were granted bail subject to furnishing appropriate surety bonds.
- Whether absence of marks of violence on the body of the deceased makes a case of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Does an inconclusive bacteriologist report regarding the cause of death justify the grant of post-arrest bail?
- Whether the petitioners are entitled to bail when the medical evidence prima facie belies the prosecution case?
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' KHAWAJA MUHAMMAD SHARIF, J.---Occurrence in this case had taken place on 5-1-2006 at 10-00 a.m. While the matter was reported to the police on the same day at 11-00 a.m. By Maqbool Hussain complainant. Allegation against the petitioners was that Akhtar Muhammad petitioner, who was empty-handed, firstly raised "Lalkara" and then caught hold the deceased from his collar and thereafter, Shah Barat petitioner. who was armed with "Sota" pressed the testical of the deceased, who fell down and died at the spot, thereafter, post-mortem examination on the dead body of the deceased, who was 70 years of age, was conducted, which shows that there was no mark of violence seen on any part of the body of the deceased, which belies the prosecution case.
2. Learned counsel for the complainant has submitted Photostat copy of the report of Bacteriologist Government of the Punjab, Health Department, which is reproduced below:-- ' "Received heart without fixative. The submitted specimen was found totally autolysed on gross that no histological sections could be taken hence no opinion can be expressed."
3. The above said report shows that no opinion can be expressed, in this case. As no mark of violence on any part of the body of the deceased has been seen, so it belies the prosecution case.
In this view of the matter, a case of further inquiry, falling under sub-clause (2) of section 497, Cr.P.C. Is made out in favour of the petitioner, therefore, this petition is accepted. Petitioners are allowed bail subject to furnishing bail bonds to the tune of Rs,1,00,000 (one lac) each with two sureties each in the like-amount to the satisfaction of Deputy Registrar (Judi.) of this Court.-