SHOAIB SHAHID vs THE STATE and another
The petitioner sought post-arrest bail in a case registered under sections 302, 34, 337-A(ii), and 337-F(i) of the Pakistan Penal Code 1860, relating to the murder of his paternal uncle. The core legal questions involved the assessment of a plea of alibi, the evidentiary weight of an investigating officer declaring an accused innocent, the determination of juvenile status during bail proceedings, and whether a case for post-arrest bail was made out within the prohibitory clause of the Code of Criminal Procedure 1898. The Lahore High Court dismissed the bail petition, holding that the petitioner was nominated in the promptly lodged F.I.R. with a specific role supported by ocular testimony, an injured witness, and the post-mortem report. The court laid down the principles that the police officer's opinion declaring an accused innocent (ipse dixit) is not binding on courts, a plea of alibi cannot be deeply evaluated at the bail stage, and a mere statement of juvenility without a formal inquiry under the relevant ordinance cannot grant bail benefits when official records indicate a different age, keeping the offense within the prohibitory clause.
- Whether the opinion of an investigating officer declaring an accused innocent is binding on the court during bail adjudication?
- Can a plea of alibi be deeply evaluated by the court at the stage of post-arrest bail?
- Whether a mere statement regarding an accused being a juvenile is sufficient to claim statutory benefit without a formal inquiry under the Juvenile Justice System Ordinance?
- Does the nomination of an accused with a specific role in a promptly lodged F.I.R., supported by medical evidence, disentitle him to post-arrest bail when the offense falls within the prohibitory clause?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
- Section 7, Juvenile Justice System Ordinance 2000
- 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.286 dated 23- 11-2010, under sections 302/ 34/337-A(ii)/337-F(i), P.P.C., registered with Police Station Jatli, Tehsil Gujar Khan, District Rawalpindi.
2. The allegation against the petitioner is that on the fateful day, he armed with .30 bore pistol made a fire upon Zulfiqar Hussain, deceased, which hit him on the chest. The petitioner again gave second blow on the head of deceased Zulfiqar Hussain with the butt of his pistol and when he (deceased) fell on the ground, he repeated blows with the butt of his pistol.
3. Learned counsel for the petitioner contends that the petitioner is a juvenile. His age is 17 years.
During police investigation, plea of alibi of the petitioner was fully proved and he was declared innocent by the I.O. Further contends that the petitioner has been involved in the case as a consequence of wider net. The investigation of the case has since been completed. Challan of the case has been sent to the court and the petitioner is no more required for further investigation.
Therefore, petitioner be granted bail after arrest. He is ready to furnish surety bonds to the satisfaction of this court.
4. Conversely learned D.P.-G. Instructed by learned counsel for the complainant has vehemently opposed this bail petition and has contended that it was a broadday occurrence. The petitioner was nominated in the F.I.R. With a specific role that he murdered his real paternal uncle by making a fire on his chest. Thereafter, he gave repeated blows on the head and various parts of the body of the deceased Zulfiqar Hussain. Further contends that all the P.Ws. Present at the place of occurrence have fully implicated the petitioner, who has committed a heinous offence of murder of his real paternal uncle. Therefore, he is not entitled for grant of bail.
5. Arguments heard. Record perused.
6. It is a broad-day occurrence. The F.I.R. Was promptly lodged. The petitioner is nominated in the F.I.R. With specific rdle that he murdered his real paternal uncle by firing a shot which hit him on the chest. Thereafter, the petitioner gave repeated/various blows with the grip/butt of his pistol on various parts of the body of the deceased. The occurrence was fully corroborated by Fouzia Ghaffar, the injured. Azizur-Rehman and Ibrar Hussain, P.Ws. Fully implicated the petitioner while making statements before the I.O. Under section 161, Cr.P.C. So far as plea of alibi of petitioner is concerned, that could not be looked into at this stage. Similarly, unless under section 7 of Juvenile Justice System Ordinance, 2000, an inquiry is conducted and petitioner is declared juvenile, he cannot derive any benefit out of his mere statement that the petitioner is juvenile, while according to the police record, the age of petitioner is about 18/19 years.
7. It is further not fatal to the prosecution that I.O. Had declared the petitioner as innocent and he has been placed in column No..2 of the challan because ipse dixit of the police is not binding on the courts, particularly when the occurrence had taken place at 3-30 p.m. (after noon) and the petitioner is nominated in F.I.R. With specific role which is duly supported by the post mortem report. The case of the petitioner fall within the prohibitory clause of section 497, Cr.P.C. No case for grant of bail is made out. This bail petition is dismissed.
Cited by 1 case
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