MUHAMMAD WAQAS alias Vicky vs STATE and another
This criminal petition was filed by Muhammad Waqas alias Vicky seeking post-arrest bail in case FIR No. 463/2014 registered under Sections 367-A and 377 of the Pakistan Penal Code 1860 at Police Station City Layyah, involving allegations of sodomy. The core legal question was whether the petitioner was connected to the crime so as to warrant his continued incarceration pending trial, given the nature of the medical evidence. The Lahore High Court held that the petitioner was entitled to bail as the medicolegal certificate did not show any marks of violence on the victim's body, and the petitioner's actual involvement required further probe to be determined at trial. Consequently, the court accepted the petition and admitted the petitioner to post-arrest bail subject to furnishing appropriate security bonds. The key principle laid down is that where the medical evidence does not corroborate the visible marks of violence and the petitioner's complicity requires further inquiry, the case falls within the scope of further probe under the criminal procedure, justifying the grant of bail.
- Whether post-arrest bail can be granted when the petitioner's involvement in the offence requires further probe?
- Does the absence of marks of violence on the victim's body in the medicolegal certificate constitute a ground for further inquiry into the guilt of the accused?
- Whether the question of complicity in offences under Sections 367-A and 377 of the Pakistan Penal Code 1860 is to be determined at trial upon recording of evidence?
- Section 367-A, Pakistan Penal Code 1860
- Section 377, Pakistan Penal Code 1860
ORDER
' Through this petition, Muhammad Waqas alias Vicky accused has prayed for post-arrest bail in case FIR No. 463/2014 dated 21.10.2014 under Sections 367-A, 377, PPC, registered at Police Station City Layyah.
2. Allegation against the petitioner, in brief, is that he alongwith co-accused committed sodomy with Zain Javed son of the complainant, a student of 9' class.
3. Arguments heard and record perused.
4. Perusal of FIR shows that allegation of taking away Zain Javed was leveled against co-accused Jaazib Shah and A.I Maghroor. Allegation against the petitioner was that he along with co-accused committed sodomy with Zain Javed. Medicolegal certificate of Zain Javed shows that no mark of violence on the body of victim was noted by the doctor. The question as to whether the petitioner committed sodomy along with his co-accused who abducted the victim, is to be determined at trial after recording evidence. Involvement of petitioner in the alleged offence is a matter which needs further probe.
5. For the reasons recorded above, this petition is accepted and petitioner be released on bail, subject to his furnishing bail bonds in the sum of Rs. 2,00,000/-with one surety 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.