MUHAMMAD ASIF JAVED vs STATE and another
This matter arises from a petition filed under Section 497 of the Code of Criminal Procedure 1898 seeking post-arrest bail in respect of FIR No. 269/14 registered under Sections 302, 337-A(ii), 337-A(i), 337-F(iii), 337-F(i), 148, and 149 of the Pakistan Penal Code 1860 at Police Station Rajoa, District Chiniot. The core legal question revolves around whether the petitioner is entitled to post-arrest bail where the medical evidence leaves the cause of death shrouded in mystery and the remaining offences do not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898. The Lahore High Court held that the case calls for further inquiry into the petitioner's guilt under sub-section (2) of Section 497, Code of Criminal Procedure 1898, as the medical report did not attribute the deceased's death to the petitioner's specific blows, the other injuries did not fall within the prohibitory clause, and the petitioner was a previous non-convict whose further incarceration would serve no useful purpose. The court laid down the principle that mere heinousness of an offence and trial commencement without progress do not justify refusing bail when a case falls under further inquiry.
- Whether post-arrest bail can be granted when the precise cause of death remains undetermined by medical evidence at the tentative assessment stage?
- Does an offence carrying a maximum imprisonment that falls outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 warrant the grant of bail?
- Can mere heinousness of an offence and delayed trial progress alone serve as grounds to refuse bail to a previous non-convict?
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' Through this petition under Section 497, Cr.P.C. The petitioner has sought bail after arrest in case FIR No 269/14, dated 10.07.2014 registered at Police Station Rajoa, District Chiniot in respect of offences under Sections 302, 337-A(ii), 337-A(i), 337-F(iii), 337-F(i), 148, 149, PPC.
2. I have heard the learned counsel for the parties and have gone through the record of this case with their able assistance. This is bail after arrest and only tentative assessment is, required at this stage. Although the petitioner is named in the FIR with the role of causing brick on the head of Muhammad Irfan injured and kick blows on the chest and belly of Mst. Zohran Bibi deceased, yet the fact remains that no mark of injury was observed by the doctor on the chest and belly of Mst.
Zohran Bibi deceased rather two contusion injuries were observed by the doctor during her post- mortem examination, which as per opinion of the doctor were not the cause of her death. In this regard, the report of Pathologist has not been placed on record, by the prosecution as yet and the cause of death has not been determined by the doctor, therefore, the attraction of offence under Section 302, PPC for the murder of Mst. Zohran > Bibi deceased is still shrouded in mystery. So far as the injury on the head of Muhammad Irfan injured is concerned, the same falls within the parameters of offence under Section 337-A(ii), PPC, which carries imprisonment of five years only Qisas or Arsh as the case may be and as such the same does not fall within prohibitory clause of Section 497, Cr.P.C. Admittedly the petitioner is previous non-convict and never involved in any other case. The investigation of the case is complete and the petitioner is no more required for further investigation. He is behind the bars since 24.08.2014, therefore, further incarceration of the petitioner in jail would not serve any useful purpose. Mere heinousness of offence and commencement of trial without any fruitful progress thereof are no grounds to refuse bail to the petitioner if otherwise he is entitled for the concession of post-arrest bail.
3. For what has been discussed above, the case against the petitioner calls for further inquiry into his guilt within the purview of sub-section (2) of Section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs, 200,000/- (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. The learned trial Court is, however, directed to conclude the trial of instant case, expeditiously preferably within a period of six months after receipt of certified copy of this order.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.