Sajjad Ahmed vs The State, etc
The petitioner sought leave to appeal against the refusal of post-arrest bail in case F.I.R. No. 523/2010 registered under Sections 302, 148, 149, and 109 of the Pakistan Penal Code 1860 at Police Station Saddar, Kasur. The core legal question was whether the petitioner made out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The Supreme Court converted the petition into an appeal and allowed it, granting bail to the petitioner. The court held that the guilt of the petitioner fell within the scope of further inquiry based on tentative assessments, noting that the police investigation presented a different version of events placing the petitioner away from the scene, the medical report prima facie conflicted with the ocular account, and telecom records indicated the petitioner's presence at a distant location. The key principle laid down is that at the bail stage, where police investigation, medical variance, and corroborative material like telecom records tentatively cast doubt on the accused's presence at the crime scene, the case warrants the grant of bail pending trial.
- Whether tentative discrepancies between the ocular account and the medical report warrant the grant of post-arrest bail?
- Can police investigation findings placing the accused away from the scene of occurrence form a valid basis for further inquiry under bail adjudication?
- Is telecom record indicating the presence of an accused at a place far from the crime scene relevant for considering bail?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
JAWWAD S. KHAWAJA, J. --- The petitioner seeks bail in case F.I.R. No, 523/2010, dated 5.8.2010 under Sections 302, 148, 149, 109, P.P.C, registered with Police Station Saddar, Kasur.
2. We have heard learned counsel for the petitioner, learned counsel representing the respondent as well as the learned Additional Prosecutor General. Tentatively, a number of circumstances indicate that the guilt of the petitioner may be a matter of further inquiry, In this respect, we firstly note that the police has, on reasonable grounds, given a different version of events. As far as the petitioner is concerned, according to the police investigation he was not at the scene of occurrence at the time when the offence was committed as has been alleged in the F.I.R. Secondly, the medical report, prima facie, appears to be at variance from the ocular account. Thirdly, in the police investigation some telecom record has been obtained which may also possibly indicate that the petitioner was actually at a place far from the place of occurrence. These observations are tentative but that all are required to at the bail stage considering that the petitioner and his three brothers have already been implicated in the occurrence.
3. In view of the above, this petition is converted into appeal and is allowed. The petitioner is granted bail on furnishing bail bonds in the sum of Rs, 50,000/- with two sureties each in the like amount to the satisfaction of the Trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.