Shafique alias Heera vs The State, etc.
This matter concerns a petition for post-arrest bail filed by the petitioner, Shafique alias Heera, who was implicated in a murder case registered under FIR No. 192/2013 at Police Station Sambrial. The core legal question was whether the petitioner was entitled to bail under the provisions of the Code of Criminal Procedure, 1898, given the evidence available at the pre-trial stage. The Lahore High Court observed that the petitioner was not nominated in the FIR and was implicated solely based on a subsequent extra-judicial confession made in a separate case. Furthermore, the court noted that no specific overt act, such as causing a firearm injury, was attributed to the petitioner, who was merely alleged to have been sitting on a motorcycle. The court held that the recovery of the motorcycle was not conclusively linked to the occurrence and that the case required further inquiry. Consequently, the court allowed the bail petition, ruling that the petitioner's continued incarceration served no beneficial purpose as the investigation was complete, thereby satisfying the criteria for further inquiry under Section 497(2) of the Code of Criminal Procedure, 1898.
- Does the absence of a specific overt act attributed to an accused in an FIR constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure, 1898?
- Can an accused be granted bail when their implication in a case is based solely on a confessional statement made during the investigation of a separate, unrelated case?
- Is the recovery of an item that cannot be definitively linked to the crime scene sufficient to deny bail to an accused?
- Section 302, Pakistan Penal Code 1860
- Section 392, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 399, Pakistan Penal Code 1860
- Section 402, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' SHAHID BILAL HASSAN, J. --- Imploring for grant of post arrest bail in a case bearing F.I.R. No, 192, dated 27.03.2013, offence under Sections 302, 392, 411, 34 of Pakistan Penal Code, 1860, registered at Police Station, Sambria), District Sialkot, after having been declined vide order dated 22.11.2013 by the learned Addl. Sessions Judge, Sambrial, the petitioner Shafique alias Heera has moved the instant petition.
2. Prosecution story as unfolded in the F.I.R. Is to the effect that two unknown persons intercepted brother of the complainant namely Ilyas alias Shahzad, one unknown person fired at him, which resulted in his death.
3. Heard.
4. After hearing the arguments and perusing the record, it is evident that the petitioner is not nominated in the F.I.R. And has been implicated subsequently on his alleged confessional statement made before the police of Police Station Peoples Colony, Gujranwala during investigation of case FIR. No, 381 of 2013, offence under Section 399/402 of Pakistan Penal Code, 1860 with said police station; the identification parade allegedly conducted on 31.08.2013 in which the petitioner with his co-accused Muhammad Afzal has been identified by Muhammad Saeed P.W. Is also of no use to the prosecution because at this stage no overt act has been attributed to the petitioner, rather he has been shown to be sitting on motorcycle at the time of occurrence and did not cause any fire-arm injury on the person of the deceased. The recovery of motorcycle alleged made from the possession of the petitioner is not that which was allegedly used at the time of occurrence, so the connection of said recovery with the present occurrence will be determined by the learned Trial Court at trial after recording evidence. All these facts make the case of petitioner that of further probe and inquiry in terms of Section 497(2) of the Cr.P.C. The petitioner is behind the bars since his arrest i,e, 02.08.2013 in this case. Investigation of this case is complete and the physical custody of the petitioner is no more required for the purpose of further investigation, therefore, further incarceration of the petitioner would not serve any beneficial purpose at this stage. This petition is, therefore, allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs, 500,000/- (Five hundred thousand) with one surety in the like amount to the satisfaction of the learned Trial Court.
5. Before parting with this order, it is, however, clarified that the findings recorded supra, are tentative in nature and will have no effect whatsoever upon the merits of the case in any manner.
Bail after arrest granted.