SHAHID HUSSAIN vs STATE and another
This petition for leave to appeal challenged an order of the Lahore High Court, Multan Bench, which refused post-arrest bail to the petitioner in a murder case registered under Sections 302, 109, 148, and 149 of the Pakistan Penal Code, 1860. The core legal question was whether the petitioner was entitled to bail given the findings of the police investigation. The Supreme Court observed that the petitioner had been found innocent during the investigation, no recovery was made at his instance, and a discharge report had been submitted, despite the Magistrate's disagreement. Furthermore, the Court noted that the co-accused were also declared innocent and were not arrested. Consequently, the Court held that the case against the petitioner fell within the ambit of 'further enquiry' under Section 497(2) of the Code of Criminal Procedure, 1898. The Supreme Court allowed the appeal, converted the petition into an appeal, and granted post-arrest bail to the appellant subject to the furnishing of bail bonds, establishing that investigation findings of innocence can constitute grounds for further enquiry justifying bail.
- Does a police finding of innocence during investigation constitute grounds for further enquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is bail appropriate when the prosecution's investigation report declares the accused innocent and recommends discharge?
- Section 302, Pakistan Penal Code 1860
- Section 109, 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, the petitioner has called in question the order of the learned Lahore High Court, Multan Bench dated 8.8.2018, whereby bail was refused to him in case FIR No, 110/2018, registered under Sections 302, 109, 148, 149 of the Pakistan Penal Code, 1860, at Police Station Shah Saddar Din, District Dera-Ghazi Khan.
2. Precise facts of the case are that the petitioner alongwith co-accused armed with deadly weapons inflicted fire-arm injuries on the person of Muhammad Mazhar son of the complainant who succumbed to the injuries at the spot. Post arrest bail application filed by the petitioner was dismissed by means of impugned order dated 23.6.2018. Hence this petition for leave to appeal.
3. After hearing the learned counsel for the parties and perusal of record, it has been observed by us that there is an allegation against the petitioner that he was armed with fire-arm weapon and the fire so shot by him hit the deceased at the back of his shoulder. The learned Addl. Prosecutor General, under instructions of the Police Officer, present in Court, states that the petitioner was found innocent during the course of investigation; that nothing was recovered at his instance and that even a discharge report was submitted which was not agreed to by the learned Magistrate. He further confirms that co-accused of the petitioner were declared innocent during the course of investigation and were not even arrested by the Police. In these circumstances, the case against the petitioner calls for further enquiry within the ambit of Section 497(2), Code of Criminal Procedure.
4. For the foregoing, this petition is converted into an appeal and the same is allowed. The appellant Shahid Hussain is allowed bail (in the instant FIR) subject to his 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 learned trial Court.