1. MUHAMMAD ANWAR 2. ZAHID ANWAR vs THE STATE
This petition for post-arrest bail arises from F.I.R. No. 428/2007, registered under Sections 324, 337-F(3), 148, and 149 of the Pakistan Penal Code 1860, concerning allegations of firearm assault. The petitioners sought bail, contending they were falsely implicated and that the complainant party was the actual aggressor regarding a property dispute, a fact allegedly supported during the police investigation. The core legal question was whether the petitioners were entitled to bail after arrest given the conflicting versions of the incident and the evidence presented. The Court, upon reviewing the medical evidence—which showed minor injuries inconsistent with the firearm allegations in the F.I.R.—and the police report under Section 173 of the Code of Criminal Procedure 1898, which indicated the complainant party was the aggressor, held that the petitioners' case fell within the scope of further inquiry. Consequently, the Court accepted the bail application. The key principle laid down is that where the prosecution's version is contradicted by medical evidence and the police investigation report, the accused is entitled to the concession of bail on the basis of further inquiry.
- Does a contradiction between the medical report and the F.I.R. allegations regarding the nature of injuries entitle an accused to bail?
- Can bail be granted when the police report under Section 173 of the Code of Criminal Procedure 1898 suggests the complainant party was the aggressor?
- Does a case fall within the purview of further inquiry when the prosecution's version is inconsistent with the evidence on record?
- Section 497, Code of Criminal Procedure 1898
- Section 324, Pakistan Penal Code 1860
- Section 337-F(3), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 173, Code of Criminal Procedure 1898
ORDER
' ZAFAR IQBAL CHAUDHRY, J.---Through this petition under section 497, Cr.P.C., the petitioners seek bail after arrest in case F.I.R. No, 428, dated 8.9.2007 registered under section 324/337-F(3)/148/149, PPC at Police Station Pir Mahal District Toba Tek Singh on the complaint of Abdul Khaliq.
2. The brief allegation as per contents of the F.I.R. Against the petitioners is that they alongwith their co-accused while armed with fire-arm weapons had fired at Arif Hussain injured which hit him on his left side of chest.
3. The learned counsel for the petitioners contends that the petitioners have been involved in this case falsely, in fact they were auction bidders of the disputed property and the complainant party was the aggressor 'who wanted to take forcible possession from the petitioner and during the investigation this fact has been proved by the petitioners by producing sufficient evidence before the Investigating Officer.
' Keeping in view this situation, the petitioners are entitled to the concession of bail because no offence is made out against them.
4. On the contrary, the learned Deputy Prosecutor General assisted by the learned counsel for the complainant have maintained in unison that the petitioners are named in the F.I.R. Who while armed with fire-arm weapons caused injuries on the person of Arif Hussain injured and the petitioners are not entitled to the grant of bail after arrest.
5. I have heard the learned counsel for the parties and also perused the record with due care and caution. Perusal of the record reflects that the injuries received' by the injured person were 1/2 cm x /2 cm and 1 cm x 1/2 cm and the pellets were also present in the body of the injured PW. Keeping in view the allegation levelled in the F.I.R., this injury is not possible. Even the report submitted by the police under section 173, Cr.P.C., discloses that in fact the complainant party was the aggressor and the petitioners were not armed with any firearm weapon at the time of occurrence. In the light of these two versions, case of the petitioners falls within the purview of further inquiry.
6. Hence, this application is accepted and the petitioners shall be released on bail subject to their furnishing bail bonds in the sum of Rs, 1,00,0001- each (Rupees one lac only) with two sureties each in the like amount to the satisfaction of the learned Trial Court.