MUHAMMAD IJAZ and 2 others vs THE STATE
This matter concerns a petition for post-arrest bail in a criminal case involving charges under sections 324, 337-F(iii), 337-F(v), and 34 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to bail given the significant discrepancies between the prosecution's initial FIR version and the subsequent findings of the police investigation. The FIR alleged specific firearm injuries caused by the petitioners, whereas the investigation revealed that all injuries were pellet-based and that the investigating officer concluded the petitioners did not cause any injuries, attributing the incident to a co-accused acting in self-defence. The Court held that the clear conflict between the FIR and the investigation rendered the prosecution's case doubtful. Consequently, the Court granted bail, establishing the principle that where the prosecution's version is rendered suspicious by the investigation, the case falls within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898, entitling the accused to the concession of bail.
- Does a clear conflict between the FIR and the investigation findings entitle an accused to post-arrest bail?
- Can a bail application be allowed when the investigating officer concludes that the accused did not cause the alleged injuries?
- Does the presence of pellet injuries instead of bullet injuries, contrary to the FIR, constitute grounds for further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Section 324, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' SYED SHABBAR RAZA RIZVI, J.---The learned counsel for the petitioners seeks bail after arrest of petitioners in F.I.R. No.-234 of 2005, dated 6-12-2005 registered under sections 324, 337-F(iii), 337- F(v), 34, P.P.C. At Police Station, Gunjial, District Khushab.
2. Briefly according to F.I.R. The son and daughter of complainant, namely Khan Muhammad and Mst. Naseem were attacked by three petitioners and co-accused Ahmad Nawaz. The co-accused Ahmad Nawaz fired with .30 bore pistol which hit left of Khan Muhammad, second fire by petitions No.1 with .30-bore pistol hit Khan Muhammad on his right leg and three fires were fired by petitioner No.2 with .12-bore gun which also hit right left of Khan Muhammad. Petitioner No.3 also fired with .30-bore pistol which hit Mst. Naseem on her left knee.
3. According to the learned counsel for the petitioners, the story narrated in the F.I.R. Is false. He totally denies the occurrence. In this regard he seeks corroboration from the finding of three Investigating Officers who also did not support version of F.I.R. He further submits that petitioners were arrested on 25-12-2005 and since then they have been behind the bars.
4. The learned counsel for the State submits that during the course of investigation only one accused Ahmad Nawaz (not applied for bail) is found guilty. According to the learned counsel for the State it was only accused Ahmad Nawaz who caused pellet injuries by firing .12-bore gun. He further submits that .12-bore gun has been recovered from accused Ahmad Nawaz.
5. I have heard both the learned counsel.
6. In the F.I.R. Three fires are alleged on the person of Khan Muhammad with .30-bore pistol and a .12-bore gun. Likewise one fire is attributed to petitioner No.3 causing injury on the person of Mst.
Naseem, again with .30-bore pistol during the course of investigation, no injury appeared to have been caused by .30 bore pistol, all injuries on the person of Khan Muhammad and Mst. Naseem have been found pellet injuries, therefore, during the investigation the version of the complainant does not stand proved rather it has become suspicious. The Investigating Officer is present in the Court and categorically submits that none of the petitioners caused any injury to the injured. It was only their co-accused Ahmad Nawaz who fired at Khan Muhammad when Khan Muhammad approached his house. There was fight between Ahmad Nawaz and a cousin of Khan Muhammad who reported, the matter to Khan Muhammad and after hearing that Khan Muhammad enraged and went to the house of Ahmad Nawaz. Ahmad Nawaz fired in his self-defence, after seeing Khan Muhammad armed with .30-bore pistol and hence injuries were caused.
7. In view of clear conflict between the content of F.I.R. And investigation, the version of prosecution becomes doubtful, therefore, case of the petitioners is covered by subsection (2) of section 497, Cr.P.C. For the same reason, this bail application is allowed subject to petitioners furnishing bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of learned Trial Court.