QAISER AFZAL and anothers vs THE STATE
This matter arose out of a petition for post-arrest bail filed by two petitioners accused in case F.I.R. No. 726 of 2005, registered under Sections 302, 324, 148, 149, and 109 of the Pakistan Penal Code 1860 at Police Station Kot Momin, District Sargodha. The primary legal issue was whether post-arrest bail should be granted where the police investigation exonerated one of the petitioners. The Lahore High Court observed that petitioner Javed son of Riaz was exonerated during the police investigation, as reflected in Zimni No. 41 dated 27-10-2005 and confirmed by the investigating officer in Court. The Court held that the case against petitioner Javed required further inquiry under the law, whereas the case of petitioner Qaiser Afzal stood on a different footing. Consequently, the High Court allowed post-arrest bail to Javed subject to furnishing a bail bond of Rs. 50,000 with one surety, while dismissing the bail petition to the extent of Qaiser Afzal.
- Whether an accused who has been exonerated during police investigation is entitled to post-arrest bail on the ground of further inquiry?
- Can post-arrest bail be granted to one co-accused while being refused to another in the same F.I.R. based on police exoneration findings?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
' ALI NAWAZ CHOWHAN, J.---The petitioners are asking for their post-arrest bail in case F.I.R. No,726 of 2005, dated 5-7-2005, registered under sections 302/324/148/149/109, P.P.C. At Police Station Kot Momin, District Sargodha.
2. The story of the prosecution as reflected in the F.I.R. Is reproduced below:--- {{URDU TEXT}} {{IMAGE}}
3. Learned counsel for the petitioners while arguing for bail has stated that Javed son of Riaz, petitioner has already been exonerated by the police. In this connection, Zimni No, 41, dated 27-10- 2005 is relevant. Muhammad Sharif, S.-I. Present in the Court when confronted with this situation, he stated that this Zimni which has been duly verified by the Circle Incharge, exonerates petitioner Javed son of Riaz. Regarding Qaiser Afzal son of B Muhammad Afzal the matter is quite different.
4. So far as the case of Javed son of Riaz is concerned, it calls for further c inquiry. Therefore, this Court allows him bail provided he furnishes bail bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court. However, the bail petition to the extent of Qaiser Afzal, petitioner No,l dismissed. 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.