NAZEER AHMED vs STATE and another
This criminal petition, converted into an appeal, impugns the order of the Lahore High Court dismissing the post-arrest bail application of the petitioner in a case registered under Sections 302, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner made out a case for post-arrest bail in light of the medical evidence, police investigation findings, and the rule of consistency vis-a-vis a co-accused. The Supreme Court observed that while the petitioner was specifically alleged to have inflicted a hatchet blow to the deceased, the postmortem report indicated the injury was caused by blunt means, and the investigation concluded he was empty-handed with no recovery made from him. Furthermore, a co-accused attributed with causing an injury was granted bail by the High Court. Holding that these circumstances rendered the petitioner's case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, the Court allowed the appeal and granted post-arrest bail to the appellant, laying down the principle that contradictions between ocular and medical evidence, coupled with investigation findings and the rule of consistency, justify the grant of bail.
- Whether contradictions between ocular allegations and medical evidence regarding the weapon used make a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can post-arrest bail be granted on the basis of the rule of consistency when a co-accused with a similar or more active role has been released on bail?
- Does the conclusion of the police investigation that an accused was empty-handed warrant the grant of bail after arrest?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Manzoor Ahmad Malik, J.--Through this petition, petitioner impugns order dated 17.07.2017 passed by the Lahore High Court, Lahore whereby his post arrest bail application was dismissed in case FIR No, 23/2017 dated 23.01.2017 registered under Sections 302/148/149, PPC at Police Station Satgharra, District Okara.
2. Briefly stated the facts of the case are that petitioner while armed with a hatchet alongwith his eight other co-accused assaulted Muhammad Ikram son of the complainant and inflicted injuries, who died in the way to the hospital. Specific allegation against Nazeer Ahmad petitioner is that he gave a hatchet blow at the right ear of Muhammad Ikram (deceased).
3. After hearing the learned counsel for the parties and perusal of the record, it has been observed by us that the allegation against the petitioner is of causing injury at the right ear of the deceased with hatchet blow but the doctor who conducted postmortem examination of the deceased observed that this injury was caused by blunt means. Moreover, during the course of investigation, it was concluded that though petitioner was present but he was empty handed and as such nothing was recovered at the instance Of the petitioner. Co-accused of the petitioner namely Muhammad Nawaz who was assigned the role of causing injury on the palm of the deceased with Sota was allowed bail by the learned High Court. All these circumstances, if taken into consideration collectively, make petitioner's case one of further inquiry within the ambit of sub- section (2) of Section 497, Code of Criminal Procedure. Therefore, this petition is converted into an appeal and the same is hereby allowed. Nazir Ahmad (appellant) is allowed bail after arrest subject to his furnishing bail bond in the sum of Rs, 1,00,000/- (rupees one hundred thousand .only)