Azhar vs The State
This petition for post-arrest bail arose from a criminal case registered under Sections 302/34 of the Pakistan Penal Code 1860, involving allegations of murder. The petitioner sought bail, contending false implication, mala fide, and lack of evidence connecting him to the crime, noting he caused no injuries. The prosecution opposed the bail, highlighting that the petitioner was named in the FIR with a specific role of firing a weapon, which brought the case within the prohibitory clause. Upon review, the Court observed that while the petitioner allegedly fired, no injuries occurred. Crucially, the prosecution failed to recover any empty casings from the crime scene to match with the recovered rifle, rendering the recovery of the weapon devoid of immediate corroborative value. The Court held that these evidentiary gaps rendered the case one of further inquiry into the petitioner's guilt. Consequently, the Court granted post-arrest bail, emphasizing that the evidentiary weight of the recovered weapon remained a matter for trial, thereby satisfying the criteria for bail under Section 497(2) of the Code of Criminal Procedure 1898.
- Does the absence of empty casings recovered from the crime scene undermine the evidentiary value of a recovered weapon in a murder case?
- When does a criminal case qualify for bail under the principle of 'further inquiry' pursuant to Section 497(2) of the Code of Criminal Procedure 1898?
- Is a petitioner entitled to post-arrest bail if they are named in the FIR but caused no injuries and the prosecution lacks corroborative evidence?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER ZAFAR IQBAL CHAUDHRY, J. - Through this petition Azhar petitioner has sought post-arrest bail in case F.I.R. No. 609, registered at Police Station Bhaiwal, District Sargodha on 6.9.2006 for offences under Sections 302/34, P.P.C.
2. The learned counsel for the petitioner submits that the petitioner has falsely been involved in this case on account of mala fide of the complainant as well as connivance with the local police.
According to the F.I.R. The petitioner has not caused any injury to the deceased or PW and the evidence collected by the prosecution during the investigation is also not sufficient to connect the petitioner with the commission of offences alleged against him.
3. On the other hand learned D.P.G. Submits that the petitioner is named in the F.I.R. And has been ascribed with specific role. According to the F.I.R. He made fire which could not achieve his aim.
Though he has not caused any injury to the deceased but keeping in view his act and participation in the occurrence he is not entitled to be released on post-arrest bail by this Court. The offences also fall within the prohibitory elauset.
4. After hearing the learned counsel for the parties and going through the record it is noticed that the allegation against the petitioner is that he fired but the same did not hit to anyone. The petitioner is in judicial lock-up since 30.5.2007 but this trial has not commenced so far. Javed Khalid, ASI present in the Court after consulting the record could not explain whether any empty was recovered from the place of occurrence or not. He states that only rifle was recovered from the accused during the investigation of this case. I am afraid that in absence of-any\ empty from the place of occurrence the recovery of rifle in this case does not possess any corroborative value because without matching the empty with the rifle it cannot be said with any degree of certainty that the recovered rifle is the one which has been used in the occurrence. Moreover, "it would be seen at the time of trial whether the recovered rifle is proper corroborative piece of evidence against the petitioner or not. All these facts render the case against the petitioner to be one of further inquiry into his guilt within the purview of subsection (2) of Section 497, Cr.P.C. This petition is accepted and the petitioner is admitted to post-arrest bail subject to furnishing bail bond in the sum of Rs. 1,00,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court.