Wahid Ullah vs The 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. 238/2014 registered under Sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Ratta Amral, Rawalpindi. The core legal question involves determining whether the petitioner is entitled to post-arrest bail when the injured prosecution witness exonerates him in a statement under Section 161 of the Code of Criminal Procedure 1898, thereby creating a conflict between the complainant's version and the investigative record regarding firearm attribution and common intention. The Lahore High Court held that the case falls within the scope of further inquiry under subsection (2) of Section 497 of the Code of Criminal Procedure 1898, as the petitioner did not cause injury to the deceased and conflicting versions require deeper appreciation by the trial court after evidence. The court laid down the principle that divergent accounts emerging during investigation warrant further inquiry and tentative assessment in favor of liberty at the bail stage.
- Whether post-arrest bail should be granted when an injured prosecution witness makes a statement under Section 161 Cr.P.C. contradicting the initial FIR allegations?
- Does the existence of two conflicting versions brought forward during investigation make a criminal case one of further inquiry under Section 497(2) Cr.P.C.?
- Can the question of sharing common intention under Section 149 PPC be conclusively determined at the bail stage without recording evidence?
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
- Section 161, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
Through this petition under section 497 Cr.P.C. the petitioner has sought bail after arrest in case FIR No.238/2014 dated 17.04.2014 under sections 302, 324, 148, 149 PPC, registered at Police Station Ratta Amral, Rawalpindi.
2. The arguments advanced by learned counsel for the parties have been heard and record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage.
Although the petitioner is named in FIR with the allegation that he inflicted firearm injury on the shoulder of Hamza injured PW, yet the fact remains that said injured PW in his statement under section 161 Cr.P.C. categorically stated that neither the petitioner was armed with pistol nor has made firing at the spot at the time of occurrence. Hence this case has become a case of two versions; one brought forward by the complainant and the second surfac ed on record during investigation through the statement of injured PW and which version is correct shall be determined by the learned trial court after recording evidence. Reliance can be placed upon 2012 SCMR 1137. Admittedly the petitioner has not caused any injury to the deceased, therefore the question of sharing common intention with his co-accused for committing murder of the deceased shall be determined by the learned trial court after recording evidence. Reliance can be placed upon 2014 SCMR 1502 . The petitioner is previous non-convict. He is behind the bars since 18.08.2015. Investigation of the case is complete and he is no more required for further investigation. His further incarceration in jail would not serve any useful purpose.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by sub- section (2) of section 497 Cr.P.C. This petitio n is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of learned Trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.