RAB NAWAZ and 2 others vs STATE and another Respondents
This matter concerns a petition for post-arrest bail filed by the petitioners, who were accused in FIR No. 282/2015 for offenses under Sections 302, 147, and 148 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioners, along with a co-accused, assaulted the deceased, Sikandar Hayat, causing his death through physical blows. The core legal question was whether the petitioners were entitled to bail given the discrepancies between the FIR allegations and the medical evidence, as well as the subsequent improvements made in a private complaint. The Court observed that the autopsy revealed only minor injuries, contradicting the allegation of fatal beating, and noted that the prosecution's version had significantly evolved in a later private complaint. Furthermore, a co-accused had already been granted bail. Holding that the petitioners' culpability required deeper scrutiny at trial, the Court granted post-arrest bail. The key principle laid down is that where medical evidence contradicts the ocular account and significant improvements are made in the prosecution's narrative, the case warrants further inquiry, justifying the grant of bail to the accused.
- Does a contradiction between the medical report and the FIR allegations justify the grant of post-arrest bail?
- Can the improvement of a prosecution version in a subsequent private complaint be considered a ground for bail?
- Is the grant of bail to a co-accused a relevant factor in considering the bail application of other accused persons?
- Section 302, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
ORDER
' The petitioner seeks post arrest bail in case FIR No, 282 dated 14.08.2015 registered under Sections 302, 147/148, PPC at Police Station, Langrana, District Chiniot on the allegation that they along with Mst. Afzal Bibi attacked upon the complainant party for taking revenge for expelling Mst.Afzal Bibi from their house. They allegedly caught hold of Sikandar Hayat (deceased) the father of the complainant, and started beating with fists and kicks blows resulting into his death on the spot.
Motive behind the occurrence was that said Afzal Bibi was widow of brother of the complainant namely, Mulazim Hussain, who has dispute with the complainant party and which made her left the house of the complainant.
2. Arguments heard. Record perused.
3. Although the petitioners are specifically nominated in the FIR with joint allegation of beating Sikandar Hayat (deceased) with their kicks and fists blows but the autopsy of the deceased conducted on 14.08.2015 reveals only two injuries i,e, abrasion below near the right elbow and incised wound on the left palm. The report of Pathologist does not show any extraordinary changes in the heart, lungs and brain of the deceased. Significantly, the complainant has also filed a private complaint on 7.9.2015 in which specific role has been ascribed to the petitioners of injuring the deceased with the help of sota and axe as improvement in the earlier said version. The question as to whether death of Sikandar Hayat, deceased, was caused due to injuries mentioned in the FIR will be answered by the trial Court after recording of evidence. Mst.Afzal Bibi, co-accused, the daughter, in law of the deceased has been granted bail by the Court of learned Additional Sessions Judge. The possibility cannot be ruled out that the prosecution had widened the net so as to involve them being closely related inter se, since Rab Nawaz is father of Muhammad Imran and Usman.
4. For what has been discussed above, this petition is allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,1,00,000/-each with two sureties each in the like amount to the satisfaction of the trial Court.