Muhammad Iqbal vs The State And Another
This is a criminal petition filed by Muhammad Iqbal seeking post-arrest bail in case F.I.R. No. 138 dated 1.7.2010 registered under Sections 337-F(vi), 337-A(iii), 337-L(2), 147, and 149 of the Pakistan Penal Code at Police Station Shahpur Saddar, District Sargodha. The core legal question was whether the petitioner was entitled to post-arrest bail given that the investigating officer found him empty-handed at the scene, no weapon was recovered from him, and there existed a cross-version with injuries sustained by the opposite party. The Lahore High Court held that the absence of recovery, the finding of the investigating officer during investigation, and the existence of a cross-version with mutual injuries brought the case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure. The court laid down the principle that where a cross-version exists with injuries on both sides and the investigating agency concludes that the accused was empty-handed and inflicted no injury, such circumstances warrant the grant of post-arrest bail for further inquiry.
- Does the non-recovery of a weapon of offence during investigation entitle an accused to post-arrest bail when viewed in the background of a cross-version?
- Whether the finding of an investigating officer that an accused was empty-handed at the scene makes the case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is post-arrest bail justified when both sides have sustained injuries in the same occurrence?
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
MUHAMMAD ANWAARUL HAQ J. - Muhammad Iqbal petitioner by way of the instant petition has sought his post-arrest bail in case F.I.R. No. 138, dated 1.7.2010 under Sections 337-F(vi), 337-A(iii), 337-L(2), 147/149, P.P.C. Police Station Shahpur Saddar, District Sargodha.
2. Learned counsel for the petitioner contends that the case against the petitioner is false; that- the allegation against the petitioner that he caused injury with sota on the person of Aman Ullah has been falsified during the investigation and it was found by the I.O. That he was present at the spot empty handed and did not cause any injury to Aman Ullah; that the petitioner has no previous criminal record and his case calls for further inquiry.
3. On the other hand learned Deputy Prosecutor General assisted by the learned counsel for the complainant while opposing this bail application contends that the case against the petitioner falls within the prohibitory clause of Section 497, Cr.P.C. And non-recovery of weapon of offence does not entitle the petitioner to the grant of bail; that the F.I.R. In this case is promptly lodged and submits that the petitioner is not entitled to the concession of post-arrest bail.
4. Learned Deputy Prosecutor General after consulting the record confirms that during investigation the petitioner was found empty handed at the time of occurrence and no recovery has been effected from him.
5. Heard. Record perused.
6. Allegation against the petitioner is that he had inflicted Sota blow at the nose of Aman Ullah injured and caused injury declared Shajjah-ihashimah. Record reflects that during the alleged occurrence co-accused of the petitioner Muhammad Ihsan and his wife Mst. Shamim Bibi also sustained injuries and in this regard, Rapat No. 16, x dated 29.6.2010 recorded at 6.40 p.m. Police Station Shahpur Saddar is available on the record. The M.L.R. Regarding injuries on the person of Muhammad Ihsan and his wife Mst. Shamim Bibi are also attached. It is admitted position that during investigation no recovery has been effected from the petitioner and during investigation petitioner was found empty handed and the Investigating Officer categorically declared that petitioner did not cause any injury to Aman Ullah as alleged in the F.I.R. Ipsi dixit of the police is not of much importance but it cannot be brushed aside specially in the case where there is a cross version and there are injuries from both sides. Concession granted to the petitioner during investigation and nonrecovery of weapon of offence in the background of cross version makes the case of the petitioner one of further inquiry into his guilt as contemplated in sub-section (2) of Section 497 of Cr.P.C. I, therefore, accept this petition and admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/- (Rupees One lac only) with one surety in the like amount to the satisfaction of the learned Trial Court.
7. It is, however, clarified that observations made herein above are just tentative in nature and strictly confined to the disposal of this bail petition.