MUHAMMAD SUBHAN alias VIKKI vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, who was charged under Section 324 of the Pakistan Penal Code 1860 in connection with a firearm injury case. The core legal question was whether the petitioner was entitled to bail given the findings of the police investigation and the duration of his incarceration. The Court observed that the Investigating Officer’s reports (Zimnis) concluded that the petitioner did not use a firearm and did not cause the injury to the prosecution witness. Furthermore, no weapon was recovered from the petitioner during his physical remand, and he had no prior criminal record. The Court held that since the investigation was complete and the petitioner was no longer required by the police, his continued detention would serve no useful purpose and would effectively amount to punishment without trial. Consequently, the Court accepted the petition and admitted the petitioner to bail, subject to the furnishing of bail bonds to the satisfaction of the trial court.
- Is an accused entitled to bail when police investigation reports conclude that the accused did not use a weapon or cause injury?
- Does continued incarceration of an accused who is no longer required for investigation amount to punishment without trial?
- Can bail be granted when the primary evidence against the accused is contradicted by police investigation findings?
- Section 324, Pakistan Penal Code 1860
ORDER
' TARIQ SHAMIM, J.---Through this petition, the petitioner seeks post-arrest bail in case F.I.R. No,1157 of 2007, dated 17-9-2007 for offence under section 324, P.P.C, registered at Police Station Iqbal Town, Lahore.
2. Briefly stated the facts of the case are that the brother of the complainant was injured by the petitioner and others with fire-arm weapons.
3. The learned 'counsel for the petitioner contends that the injury ascribed to the petitioner is on the leg which is a non-vital part of the body, that during investigation, it was proved that the father of the petitioner and his co-accused were not present at the place of occurrence; that neither the petitioner was present at the place of occurrence nor he used any weapon as alleged in the F.I.R., that the petitioner was behind the bars for the last about five months and that since he was not required by the police for any further investigation, therefore, he was entitled to be released on bail.
4. The learned Deputy Prosecutor General has vehemently opposed the petition.
5. I have heard the learned counsel for the parties and gone through the record.
6. The Investigating Officer in the Zimni, dated 3-10-2007 opined that although the petitioner was present at the place of occurrence, but he did no use any fire-arm weapon. In the Zimni, dated 16- 10-2007, it was concluded that the petitioner had not caused injury to the prosecution witness.
Further, although the petitioner remained on physical remand with the police for a considerable period but no weapon was recovered from his possession. The father of the petitioner who as per the contents of the F.I.R. Had raised a lalkara was declared innocent as he was not found present at the place of the occurrence at the relevant time. Although a number of cases are registered against the co-accused of the petitioner, namely Waheed, however, it is not denied by the learned counsel for the complainant as well as the learned Deputy Prosecutor-General that there is no other criminal case registered against the petitioner. The petitioner is behind the bars for the last five months and since he is not required by the police for any further investigation, therefore, his continued custody in jail would not serve any useful purpose and would amount to punishing him without a trial.
7. For what has been stated above, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs,50 900 with one surety in the like amount to the satisfaction of the learned trial Court.
Cited by 1 case
- GULSHAIR alias GUL MUHAMMAD vs THE STATE and another 2009 YLR 927