SHERAZ QAMAR alias TIPU vs THE STATEs
This matter arises from a criminal petition for post-arrest bail filed by Sheraz Qamar alias Tipu against the State before the Lahore High Court. The core legal question concerns whether a co-accused assigned the role of holding the deceased while a principal co-accused allegedly fired the fatal shot—and who was placed in Column No.2 of the challan after police investigation found him innocent—makes out a case of further inquiry under criminal jurisprudence. The court held that where no injury is attributed to the petitioner and he is placed in Column No.2 of the challan, his case falls within the ambit of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. Consequently, the petition was accepted and the petitioner was granted post-arrest bail subject to furnishing appropriate surety bonds. The key principle laid down is that an accused person assigned a non-fatal grappling role, found innocent during police investigation and placed in Column No.2 of the challan, is ordinarily entitled to bail pending trial on the basis of further inquiry.
- Whether an accused person placed in Column No.2 of the challan by the police is entitled to post-arrest bail?
- Does a role of catching hold of the deceased without causing any injury attract the provisions of further inquiry?
- Can bail be granted when the primary fatal injury is attributed to a co-accused rather than the petitioner?
- Section 173, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
ORDER
' It is contended by learned counsel for the petitioner that allegation against the petitioner is that he along with his co- accused caught hold the deceased and gave him fist blow while co-accused Shahid alias Shedi fired a shot with pistol which hit the deceased on his neck; that no recovery has been effected from the petitioner; that he was placed in Column No.2 of the challan; that there is only one injury on the deceased persons; that case of the petitioner is of further inquiry.
2. Learned State counsel submits that petitioner is named in the F.I.R. But he has been found innocent by the police and he has been- placed in Column No.2 of the challan.
3. I have heard learned counsel for the parties. I have gone through F.I.R., report* under section 173, Cr.P.C., and submission of the parties and impugned order. According to the F.I.R. Petitioner was present at the spot. He caught hold of the deceased and later on Imran and Umar also caught hold the deceased and Shahid alias Shedi co-accused caused single injury on the person of deceased.
Seven accused are named in the F.I.R. Petitioner along with two other accused namely Muhammad Shahid and Shahid alias Shedi have been placed in Column No.2 of the challan. In fact no injury is attributed to the petitioner. Case of* the petitioner is of further inquiry. This petition is accepted and the petitioner shall be released on bail if he furnishes bail bonds in the sum of Rs.50,000 with two sureties in the like amount each to the satisfaction of learned 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.