MUBASHIR MEHMOOD KHAN Alias GORI KHAN vs THE STATE And Others
This is a criminal petition seeking post-arrest bail in a case registered under sections 302, 324, 34, 148, and 149 of the Pakistan Penal Code 1860. The core legal question involves determining whether the petitioner is entitled to post-arrest bail given his specific nomination in the FIR, the medical evidence supporting the firearm injury, and his conduct as an absconder who filed numerous bail applications across different jurisdictions. The Lahore High Court held that the petitioner is not entitled to discretionary relief, noting that the case falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, the petitioner was nominated with a specific role, the deceased implicated him during investigation, and his conduct showed abscondence and abuse of legal process through multiple bail petitions. Consequently, the bail petition was dismissed.
- Whether an accused nominated in the FIR with a specific role for an offense falling within the prohibitory clause is entitled to post-arrest bail?
- Does the conduct of an accused in remaining an absconder and filing multiple bail petitions across various courts disentitle him to discretionary relief of bail?
- Can discrepancies in medical reports or chemical examiner reports be deeply scrutinized at the bail stage under tentative assessment?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER CH. MUHAMMAD TARIQ, J. The petitioner seeks his bail after arrest in case F.I.R. No. 28 dated 20-1-2010 under sections 302, 324, 34, 148, 149, P.P.C., registered with Police Station, Fateh Jang District Attock.
2. Precise, allegation against the petitioner is that the petitioner armed with pistol fired at the left thigh of Arshad Mehmood deceased.
3. Learned counsel for the petitioner contends that allegations levelled against the petitioner are totally false. The petitioner has been involved in this case with ulterior motive of complainant's side.
The injured Arshad Mehmood was admitted in Holly Family Hospital, Rawalpindi on 20-1-2010. He was discharged on 8-2-2010 being stable, thereafter the deceased was again admitted in the hospital on 23-2-2011, when he died on the same day. According to the postmortem report and the report of Chemical Examiner, the injured was died due to poison. The deceased was in the custody of complainant and it is the only complainant side who can bring in the notice of this court that who administered poison. Further contends that there is cross-version against the complainant side. Investigation of the case has since been completed. The petitioner is no more required for, further investigation and further incarceration of the petitioner will be of no useful purpose, therefore, the petitioner be granted bail after arrest.
4. Conversely, learned D.P.-G., assisted by learned counsel for the complainant has vehemently opposed this bail petition and contends that cross-version of the petitioner side was found false by the Investigating Officer. Further contends that Arshad Mehmood deceased died due to spinal cord injury. The F.I.R. Was promptly lodged, the petitioner is nominated in the F.I.R. With specific role.
Before arrest, the petitioner remained absconder for a considerable time, therefore, he is not entitled for any relief, bail petition be dismissed.
5. Arguments heard. Record perused.
6. Perusal of record reveals that occurrence had taken place on 20-1-2010 at 9-00 p.m. The F.I.R.
Was lodged on the same date at 10-50 p.m-. The petitioner is nominated in the F.I.R. With specific role. The contents of F.I.R. Are in line with the medical report. During investigation, the deceased Arshad Mehmood recorded his statement and fully implicated the petitioner. However, on 23-2-2011 Arshad Mehmood had died. Cross-version lodged by the accused side was found false after investigation. The case falls within the prohibitory clause of section 497, Cr.P.C. According to the Medico-Legal report, the death of Arshad Mehmood was caused due to firearm injury.. Further discrepancies in the medical or report of Chemical Examiner could not be looked into at this stage as the matter will be decided on the basis of tentative assessment. However important factor was that the petitioner moved as much as 11 petitions for bail before arrest or on the ground of protective bail; before various courts including the courts of Province of Khyber Pakhtunkhwa and others. The attitude of petitioner does not entitle him for any discretionary relief. The challan of the case has already been submitted, the charge has been framed. In the circumstances, no ground for grant of bail after arrest is made out, bail petition is dismissed.