ILYAS vs THE STATE
This matter concerns a petition for post-arrest bail filed by the accused, Muhammad Ilyas, who was charged under Section 302/34 of the Pakistan Penal Code 1860 in connection with a murder case registered via F.I.R. No. 152 of 2007. The prosecution alleged that the petitioner, alongside co-accused, ambushed the deceased and fired shots, resulting in fatal injuries. The petitioner sought bail primarily on the ground that the police investigation had declared him innocent. The Court, upon reviewing the record, observed that the F.I.R. attributed a specific role to the petitioner in causing the fatal injuries, which was corroborated by medical evidence. The Court held that a police finding of innocence during investigation does not automatically entitle an accused to bail, particularly when the trial court has already framed charges and commenced recording witness statements. Consequently, the Court dismissed the bail petition and directed the trial court to conclude the proceedings by a specified date.
- Does a police finding of innocence during investigation entitle an accused to bail as a matter of right?
- Can bail be granted when the trial court has already framed charges and commenced recording witness statements?
- Is a specific role attributed to an accused in an F.I.R. and corroborated by medical evidence sufficient to deny bail?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' M.A. Zafar, J.---Petitioner seeks post-arrest bail in case F.I.R. No,152 of 2007, dated 13-10-2007, registered with Police Station Rayya Khas, District Narowal, under section 302/34, P.P.C., at the instance of Muhammad Boota/complatnant.
2. According to the F.I.R. Muhammad Asif deceased and Muhammad Boota/complainant, his cousin Khizar Hayat and. Abdul Rasheed were heading towards Bus Terminal (Adda), and when on their way they reached near house of Muhammad Aslam, they were ambushed Sajjad alias Mithu and Muhammad Ilyas, the present petitioner and an unknown person. As per F.I.R., the accused person having seen the complainant party coming, Muhammad Aslam raised Lalkara, thereafter, his companion Sajjad alias Mithu and Ilyaz/petitioner and unknown person started making firing, fires of Sajjad and Ilyas/petitioner hit on the back of the deceased and the unknown person also made firing upon Muhammad Asif, who after receiving fire-arm injuries fell on the ground and died.
According to the F.I.R., when the deceased having sustained injuries fell on the ground, Aslam co- accused went near him to make sure that he has died, after which all of them fled away while making firing.
3. It is contended by the learned counsel for the petitioner that petitioner has been found innocent by the police during the investigation.
4. After perusing the record, I find that a specific role of causing injuries to the deceased has been attributed to the petitioner which is borne out from the medical evidence. Mere fact that he has been found innocent by the police during the investigation would not entitle him to the grant of bail at this stage, when the learned trial Court has framed the charge and the trial is in progress and statements of some witnesses have been recorded. Resultantly, the present petition is dismissed with the direction to the learned trial Court to conclude the trial on or before 31-7-2008 under intimation to the Deputy Registrar (Judicial) of this Court.