SARFRAZ vs THE STATE and 2 others
This criminal petition for post-arrest bail arose from a murder case where the petitioner, Sarfraz, sought release pending trial. The petitioner was not named in the initial F.I.R., which alleged the murder of Abdul Sattar by other accused persons. The prosecution case against the petitioner relied on an extra-judicial confession, recovery of incriminating items, and a subsequent report from a Fire-arm Expert. The petitioner argued that he was a scapegoat, noting that the complainant had previously been granted bail and that the forensic evidence was delayed. Conversely, the prosecution highlighted that the trial had already commenced, key witnesses had been examined, and the Fire-arm Expert's report corroborated the petitioner's involvement. The Court examined the merits of the bail application in light of the ongoing trial and the incriminating forensic evidence. Holding that the petitioner failed to establish grounds for bail, the Court dismissed the petition, emphasizing that the forensic report provided sufficient material to link the petitioner to the crime at the current stage of the proceedings.
- Does the existence of a forensic report linking an accused to a crime preclude the grant of bail under Section 497 of the Code of Criminal Procedure 1898?
- Is an accused entitled to bail merely because they were not named in the initial F.I.R.?
- Section 497, Code of Criminal Procedure 1898
ORDER
' KHAWAJA MUHAMMAD SHARIF, C.J.---The facts of the case are that Mehram Ali had lodged F.I.R. For the murder of his brother Abdul Sattar against Muhammad Yaseen, Muhammad Abbas and Muhammad Rafique accused. There was only one injury on the person of the deceased which was attributed to Muhammad Yaseen accused according to the F.I.R. Mst. Sheeman was not living with her husband as she was annoyed due to the fact which has been mentioned by her in her application given to S.H.O. Against the petitioner and the complainant Mehram Ali who was the complainant in the F.I.R. Mentioned above. According to the application there were illicit relations between Nazia wife of Mehram Ali and Abdul Sattar deceased. The investigation on the application of Mst. Sheeman took place and the case lodged by Mehram Ali was found to be false. The present petitioner was arrested and extra judicial confession was made by him. Recovery was effected from the petitioner and the crime empties already taken into possession were sent A to Firearm Expert and on the last date of hearing the case was adjourned because after hearing lengthy arguments I had summoned the report of Fire-arm Expert.
2. Learned counsel for the petitioner submits that the petitioner was not named in the F.I.R.; that he was made a scapegoat in this case; that Mehram Ali has been allowed bail by my learned brother Raja Muhammad Shafqat Khan Abbasi, J. (as he then was) vide order dated 15-7-2009 passed in Criminal Miscellaneous. No,7346-B of 2009 on the ground that the only charge of abetment was levelled against him. He further submits that the crime empties were sent to the Fire-arm Expert fifteen days after the occurrence; that Mst. Sheeman is a lady of bad character; that she had also sold her land in order to give bribe to the police; that case of the petitioner is of further inquiry falling under sub-clause 2 of section 497, Cr.P.C. And he is entitled to bail.
3. Learned DPG assisted by learned counsel for the complainant submits that Mst. Sheeman had filed a complaint against the petitioner and his brother in which statements of Khadim Hussain, Noor Hussain and Mst. Sheeman have already been recorded.
4. I have heard learned counsel for the parties. The trial has started and main B witnesses of the prosecution have been examined. The report of Fire-arm Expert is against the petitioner. No case for bail is made out. This petition stands dismissed.
Cited by 1 case
- Alam Khan vs The State and others 2021 MLD 1541