MUHAMMAD AKRAM and another vs THE STATE and another
This matter concerns a post-arrest bail application filed by the petitioners in a case involving charges under sections 302, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to bail given that they were named in the FIR but were found innocent in multiple police investigations, with their names placed in column No. 2 of the challan, and no specific role or weapon usage was attributed to them in the commission of the crime. The Court held that since the petitioners were found innocent during investigation, nothing was recovered from them, and there was a significant delay in the registration of the FIR, their participation in the occurrence and the sharing of a common object with the co-accused required further inquiry. Consequently, the Court granted bail, invoking the principle that where a case falls within the ambit of section 497(2) of the Code of Criminal Procedure 1898, the accused is entitled to the concession of bail pending trial.
- Does the placement of an accused's name in column No. 2 of the challan, following a finding of innocence during police investigation, entitle the accused to bail?
- Whether the absence of specific attribution of injuries to an accused named in the FIR warrants the grant of bail under the principle of further inquiry?
- Does a significant delay in the registration of an FIR constitute a ground for considering the case of an accused as one of further inquiry for the purpose of bail?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' RANA ZAHID MAHMOOD, J.---Post arrest bail application in case F.I.R. No, 81/2008 dated 23-3-2008 under sections 302, 148 and 149, P.P.C. Registered with Police Station Karampur District Vehari wherein it is alleged that petitioners in the company of co-accused while all armed with firearms committed the murder of Irshad Hussain son of the complainant apart from causing butt blows to the complainant and Mumtaz Hussain his son P.W. While Irshad Hussain deceased was fired at by Ghulam Yasin co-accused with pistol and Muhammad Ismail with .222 bore rifle due to illicit relations dispute of the accused persons with widow of a brother of the complainant and her young daughter.
2. After arrest bail application of the petitioners was dismissed by learned Addl. Sessions Judge Mailsi vide order dated 2-9-2008 hence, this petition to this court.
3. Learned counsel for the petitioners has submitted that though petitioners were allegedly armed with firearms such as rifle .222 bore and .12 bore gun yet there is no allegation against them that they have ever used the same in the occurrence of murder of Irshad Hussasn son of the complainant. Further submitted that no specific role is ascribed to the petitioners in causing injuries to the deceased or P.Ws. As complainant and his son Mumtaz Hussain were also alleged to have been given butt blows by Ghulam Yasin and Muhammad Amin co-accused, therefore, submitted that petitioners were found innocent in the police investigation from whom nothing has been recovered, therefore, case against them for their participation in the occurrence sharing common object with the co-accused is a question of further inquiry. It is also submitted that in various investigations the petitioners were found innocent and their case was recommended for discharge but learned Illaqa Magistrate did not agree with the same. It is submitted that names of the petitioners have been placed in column No,2 of the challan. Learned counsel also submitted that F.I.R is delayed by 10 hours without reasonable explanation on record, therefore, submitted that petitioners are entitled to bail who are in jail since their arrest and are no more required for investigation.
4. Learned Addl. Prosecutor General assisted by learned counsel for the complainant has opposed the bail application however, submitted that petitioners were found innocent in the police investigation and their names have been placed in column No,2 of the challan.
5. Arguments heard. Record perused. Petitioners though named in the F.I.R. While armed with .222 bore rifle and .12 bore gun yet there is no specific attribution of firearm or blunt weapon injuries on the P.Ws. Or on the deceased. In successive investigations petitioners have been found innocent and their names have been placed in column No,2 of the challan. There is delay of 10 hours in registration of the F.I.R. As well. Petitioners participation inl the occurrence sharing common object with the co-accused, therefore, requires further inquiry bringing the case of the petitioners in the ambit of section 497(2), Cr.P.C. It is also important to mention that nothing was recovered from the petitioners during investigation and remand. This petition is therefore, accepted and petitioners are allowed bail in the sum of Rs,100,000 (one lac) each with one surety each in the like amount to the satisfaction of learned trial Judge.
Cited by 2 cases
- SHEHBAZ ALAM and 2 others vs The STATE 2020 YLR 269
- MUHAMMAD ARIF vs THE STATE and others 2013 MLD 70