MUHAMMAD KAMIL and another vs THE STATE
This matter concerns a bail application filed by the applicant, Abdul Waheed Ansari, who was implicated in Crime No. 432/2009 involving charges under Section 324/34 of the Pakistan Penal Code 1860. The prosecution alleged that the applicant and others fired shots at the complainant, causing injury. However, the defense counsel argued that the complainant was acting in collusion with a third party and presented a medical report from a special medical board. This report explicitly stated that the injury was fabricated and the bullet had been implanted, thereby contradicting the initial medico-legal certificate. Upon being confronted with this medical evidence, the prosecution conceded that the case required further inquiry. Consequently, the court held that the applicant had made out a case for further inquiry under the law. The court confirmed the interim bail previously granted to the applicant, subject to the condition that he must appear before the trial court on all dates, with the trial court retaining the liberty to cancel the bail if the concession is misused.
- Does a medical report indicating a fabricated injury constitute grounds for further inquiry in a bail application?
- Can bail be confirmed when the prosecution concedes that the medical evidence contradicts the allegations in the FIR?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. 'MUSHIR ALAM, J.---Applicant Abdul Waheed Ansari was involved in Crime No,432/2009 for an offence under section 324/34, P.C. From the F.I.R. It appears that one Muhammad Anwaar Ali who was looking for a rented house in Khudadad Colony visited Welcome State Agency owned by one Nawab Zaheeruddin and discussing about the rented premises. When said Zaheeruddin rushed outside while speaking on the cell phone, saw that 3 persons armed with T.T. Pistol on motorcycle without number plate, young in age and a person 3Q/35 years of age, posed showed himself that he is son of Nawab and the young persons shot at him which hit leg of the complainant and he was rushed to the hospital and has lodged the F.I.R.
2. Learned counsel contended that there are various cases filed by the parties against each other.
3. According to learned counsel, injured Mian Ali is also playing in the hands of said Nawab Zaheeruddin and such fact is corroborated from the final medical report certified copy of which has been filed which shows that special medical board has opined "seeing the shape of healed scar, it is clearly evident that this injury is fabricated and the bullet has been implanted. Hence medico legal certificate No,6910/99 dated 24-8-2009 issued by Dr. Abdul Jabbar Memon, Medico Legal Officer is incorrect."
4. 'In this view of the matter Mr. Zafar when confronted, frankly conceded that in view of such medical report case of further enquiry is made out. Accordingly the interim bail granted on 26-10-2009 is confirmed on the same terms and conditions. The applicant is however directed to appear before the trial Court on each and every date. In case of any misuse or abuse of the concession of bail, the learned trial Court will be at liberty to cancel the same.
5. ' Bail application disposed of.
Cited by 1 case
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