MUHAMMAD RIAZ vs STATE and another
This criminal petition seeks post-arrest bail in a case registered under Sections 324, 148, and 149 of the Pakistan Penal Code 1860, arising from an FIR alleging the petitioner caused a firearm injury to a prosecution witness. The core legal question is whether the petitioner is entitled to the concession of bail given the circumstances of the case, specifically the suppression of injuries sustained by the petitioner during the incident. The Court held that the petitioner is entitled to bail, noting that the prosecution failed to disclose the injuries sustained by the petitioner, which were medically verified as genuine and not fabricated. Furthermore, the specific injury attributed to the petitioner was classified as jurh ghayr-jaifah hashmiah, an offence not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The Court established the principle that the suppression of injuries sustained by an accused in the FIR constitutes sufficient grounds to warrant further inquiry into the prosecution's case, thereby entitling the accused to bail under Section 497(2) of the Code of Criminal Procedure 1898.
- Does the suppression of injuries sustained by an accused in an FIR constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is an offence punishable under Section 337-F(v) of the Pakistan Penal Code 1860 covered by the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Can an accused be granted bail if the prosecution fails to explain injuries found on the accused's body?
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Through this petition, the petitioner namely Muhammad Riaz seeks post arrest bail in case FIR No, 280 dated 06.07.2017, registered under Sections 324/148/149, PPC at Police Station Saddar Kehror Pacca, District Lodhran.
2. As per FIR, the petitioner, by firing, has caused injury on left thigh of Muhammad Rauf PW.
3. Arguments heard. Record perused.
4. The petitioner was apprehended on the same day, when five injuries on different parts of his body were noticed. He was got medically examined by the police and the doctor had highlighted injuries on his body with an observation that there was no possibility of their fabrication. The above said injuries to the petitioner have not been disclosed in the F.I.R and as such can rightly be termed that the same have been suppressed. The injury attributed to the petitioner has been found to be jurh ghayr-jaifah hashmiah, hence punishable under Section 337-F(v), PPC, which offence does not fall within the prohibitory clause of Section 497, Cr.P.C.
5. All the above mentioned facts and circumstances are sufficient to hold the case against the petitioner as of further inquiry, within the meaning of sub-section (2) of Section 497, Cr.P.C. He is lying in the jail, for the last about six months, hence no more required to the police for any further investigation in this case. His no previous criminal history is available in the record maintained by the police.
6. Resultantly, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (rupees one lac only), with one surety, in the like amount to the satisfaction of the learned trial Court.