This post-arrest bail application arose from a homicide case registered under Sections 302, 109, 148, and 149 of the Pakistan Penal Code, 1860, where the petitioner was accused of firing a fatal shot at the deceased. The petitioner contended that the medical evidence contradicted the ocular account and that his prolonged abscondence of over eight years should not bar bail if a case for bail on merits was established. The State opposed the application, arguing that the petitioner's long-term status as a proclaimed offender disentitled him to relief. The Lahore High Court observed that the post-mortem report showed an exit wound where an entry wound was alleged, and police investigation suggested another individual fired the fatal shot, rendering the petitioner's involvement a matter of further inquiry. The Court held that while abscondence is a relevant factor, it is not a substantive offence under the Pakistan Penal Code, and bail cannot be refused on the sole ground of abscondence if a case for bail on merits is made out under the rule of further inquiry. Consequently, the bail application was accepted.
' MAZHAR IQBAL SIDHU, J.---Muhammad Akhtar has come to this Court after being declined relief of bail by the learned trial court with the selfsame prayer in a case lodged vide F.I.R. No.127 dated 3-8- 2003 under sections 302, 109, 148, 149, P.P.C. At Police Station Banmban Wala District Sialkot about an occurrence which took place on the same day at about 12-30 p.m. Wherein Zulfiqar was shot dead by the petitioner along with his co-accused.
2. Learned counsel for the petitioner contends that petitioner has been involved on account of enmity; post mortem report negates the ocular account and mere abscondance is no ground to decline relief of bail provided the same is made out by the material available on the record and has placed reliance on 1999 PCr.LJ 1464.
3. Contrary to the same, dissentients have opposed the same by arguing that petitioner femained a proclaimed offender for about eight years and five months and suchrolonged abscondance has not been exempled by him and this fact alone is sufficient to decline him relief of bail; he is sole perpetrator for the assassination of Zulfiqar dissonance in between the ar the medical evidence cannot it to the petitioner at this stage and the ce alleged falls within the prohibitory claIe osection 497, Cr.P.C, therefore, the petiti ner is not entitled for the grant of bail and if the same is granted then every prospect exists of abscondance of the petitioner again.
4. Heard. Record perused.
5. According to the contents of F.I.R. Petitioner was holding a fire arm weapon and he made a straight fire hitting on the back of Zujfiqar deceased and the fire went through and through whereas scanning of post-mortem report of the deceased shows that he did not receive any fire shot injury on his back rather it is an exit wound described by the doctor and in this way the injury attributed to the petitioner as per allegation is exit one No doubt the petitioner alone has been ascribed causing fire shot injury on the deceased but during the investigation it has been brought on the record that one Nasir son of Qamar Din had made the fire shot on the deceased and in this way by two counts i.e. Medical incoherence with the ocular account and the opinion of the police favouring the petitioner, case of the petitioner has become a matter of further inquiry as to his involvement. So far as the abscondence of the petitioner is concerned, no doubt it reacts the character of a wrongdoer and this piece of evidence is created by the accused himself but under the Pakistan Penal Code abscondence itself has not been made as an offence, however, the same can be taken into consideration while disposing of a bail application but at the same time this Court as well as the august Apex Court of Pakistan have held in so many judgments that if on merits right of bail is accrued on the basis of further inquiry then the same cannot be refused owing to abscondence.
6. For what has been discussed above, the instant application is accepted and petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000 (two lacs) with two sureties in the like amount to the satisfaction of the learned trial court.