SAJID alias CHITTA vs The STATE and others
This matter arises from a petition for leave to appeal filed by Sajid alias Chitta against the order of the Lahore High Court, which had refused post-arrest bail to the petitioner in case FIR No. 520 registered under sections 302, 148, and 149 of the Pakistan Penal Code at Police Station Saraye Mughal, District Kasur. The core legal question before the Supreme Court was whether the petitioner was entitled to post-arrest bail in light of the evidentiary discrepancies and statements of witnesses. The Supreme Court observed that the FIR was lodged with a delay of ten days, the specific firearm injury attributed to the petitioner was absent from the post-mortem examination report, and both an injured witness and the complainant had stated on oath that the petitioner was not present at the scene of the crime. The Court held that these factors rendered the case one of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898. Consequently, the Court converted the petition into an appeal, allowed it, and admitted the petitioner to post-arrest bail, establishing the principle that material contradictions, delayed FIRs, and statements by key witnesses or complainants exculpating an accused justify the grant of bail under the further inquiry rule.
- Whether delayed FIR and discrepancies between ocular and medical evidence justify grant of post-arrest bail?
- Does a statement by an injured witness and complainant exculpating the accused bring the case within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Can a petitioner be admitted to bail when firearm injuries attributed to him are missing from the post-mortem examination report?
- Section 302, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 149, Pakistan Penal Code
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' ASIF SAEED KHAN KHOSA, J.---Through this petition Sajid alias Chitta petitioner has sought leave to appeal against the order dated 15.12.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No, 13673-B of 2015 whereby post-arrest bail was refused to him in case FIR No, 520 registered at Police Station Saraye Mughal, District Kasur on 11.11.2013 in respect of offences under sections 302, 148 and 149, P.P.C.
2. After hearing the learned counsel for the parties and going through the record we have observed that the FIR in this case had been lodged with a delay of ten days and the firearm injury attributed to the petitioner on the left calf of Muhammad Shafi deceased was non-existent in the Post- mortem Examination Report pertaining to the deadbody of the deceased. It is not denied that the injured witness namely Rasheed alias Talli had made a statement before the learned Additional Session Judge, Pattoki on 05.09.2015 clearly maintaining that Sajid alias Chitta petitioner was not present at the spot and a similar affidavit had also been sworn by Muhammad Iqbal complainant maintaining that the petitioner was not present at the scene of the crime at the relevant time. For all these reasons we have found the case against the petitioner to be a case calling for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, converted into an appeal and the same is allowed and, consequently, Sajid alias Chitta petitioner is admitted to bail in the above mentioned criminal case subject to furnishing bail bond in the sum of Rs,1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the trial court.
Cited by 2 cases
- AKHTIAR AHMED Versus State 2018 PCrLJN 2
- KASHIF KHAN Versus State 2017 YLRN 440