SAEID and another- vs The STATE and another
This criminal miscellaneous petition was filed by the petitioners, Saeid and Jaffer, seeking post-arrest bail in a case registered under FIR No. 304/2017 for offences including murder and attempted murder. The core legal question was whether the petitioners were entitled to bail given the circumstances of the case and the evidentiary material available. The Court observed that the FIR was lodged with a three-day delay, suggesting deliberation. Furthermore, the Court noted that the complainant concealed injuries sustained by the petitioners' side, and that co-accused had already been granted pre-arrest bail. The Court held that the petitioners' case warranted further inquiry into their guilt under Section 497(2) of the Code of Criminal Procedure 1898, particularly regarding their vicarious liability or common intention for the alleged murder. Emphasizing that investigation was complete and continued incarceration would serve no useful purpose, the Court granted post-arrest bail. The key principle laid down is that where there is a significant delay in FIR registration, concealment of injuries on the accused side, and co-accused have been granted relief, a case for further inquiry is established.
- Does a significant, unexplained delay in the registration of an FIR constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can the concealment of injuries sustained by the accused's side in an FIR justify the grant of post-arrest bail?
- Does the completion of the police investigation and the lack of necessity for further custody support the grant of bail?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 447, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 337-H(2), 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
ABDUL SAMI KHAN, J.---Petitioners Saeid and Jaffer through this criminal miscellaneous seek post-arrest bail in case FIR No, 304/2017 dated 1.7.2017 registered under sections 302, 324, 337-A(i)
(ii), 337-F(i), 337-L(2), 447, 511, 337- H(2), 148, 149, P.P.C. at Police Station Bhowana, District Chiniot.
2. As per FIR, the petitioners are accused of assaulting upon the complainant's party as a result of which nine persons sustained injuries, out of which, one Malik Khan died due to succumbed of injuries.
3. Arguments heard. Record perused.
4. It is found that FIR of the case was lodged after the delay of about three days without any plausible explanation, which means that the same has been registered after consultations and deliberations. Further the injury of injured Mansabdar at his forehead attributed to petitioner Saeid has been declared as Shajjah-i-Mudihah attracting the provisions of 337-A(2) while injury of injured Mst. Sumaira Bibi at her shoulder attributed to petitioner Jaffer is simple in injury attracting the provisions of 337-L(2), P.P.C. Admittedly, there is no repetition on the part of the petitioners and except the above said injuries the petitioners have not caused any injury to any other injured or the deceased. Further in the alleged incident, Umar Daraz, Sarfraz, Mst. Nooran and Mst. Bakhat Bibi from the petitioner's side also sustained injuries, which fact has been concealed by the complainant while lodging the instant case and vide order dated 9.8.2017, the learned Ex Officio Justice of Peace has directed the Investigating Officer to record the version of the petitioners' side.
It will not be out of place to mention here that vide order dated 24.10.2017 passed in Crl . Misc . No .60067/B/2017, petitioners' co-accused namely Abdullah, Riaz, Noor Ahmad and Fayyaz have already been granted pre-arrest bail. In these circumstances, the case of the petitioners calls for further inquiry into their guilt under subsection (2) of section 497, Cr.P.C. The question of authenticity of the allegation against the petitioners regarding their vicarious liability or sharing common intention for committing the murder of deceased Malik Khan shall be determined by the learned trial Court at trial after recording evidence of the parties. Moreover, the petitioners are no more required to the police for further purpose of investigation as investigation to their extent is complete, as such, no useful purpose would be served by keeping them behind the bars for indefinite period.
5. In view of the above, this petition is accepted and the petitioners are admitted to post arrest bail subject to their furnishing bail bonds in the sum of Rs,1,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court concerned.