KAMRAN and another vs STATE and another
This matter concerns a petition for post-arrest bail filed by Kamran and Kaleem Akhtar alias Nadir, who were accused in FIR No. 515 of 2017 registered under Sections 302, 148, and 149 of the Pakistan Penal Code 1860 for the alleged murder of Muhammad Younas. The core legal question was whether the petitioners were entitled to bail given the evidentiary gaps and the nature of the medical evidence. The Court observed that the FIR failed to specify the time of the occurrence. Furthermore, the medical evidence indicated the cause of death was myocardial infarction and asphyxia, and none of the specific injuries attributed to the petitioners were deemed fatal. The Court held that the case required further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. Emphasizing that the investigation was complete and that indefinite detention without trial is not justified, the Court granted post-arrest bail to the petitioners, establishing that where medical evidence contradicts the prosecution's narrative of fatal injury, a case for further inquiry is made out.
- Does the absence of a specific time of occurrence in an FIR provide grounds for post-arrest bail?
- When medical evidence attributes death to causes other than the injuries inflicted by the accused, does it constitute a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can bail be granted when the investigation is complete but the trial has not yet commenced?
- 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
Kamran and Kaleem Akhtar alias Nadir, petitioners seek post bail in case FIR No, 515 dated 25.11.2017 under Sections 302, 148, 149, PPC registered at Police Station City Vehari, District Vehari.
2. Allegedly, the petitioners being members of unlawful assembly and in prosecution of its common object committed Qatl-e-Amd of Muhammad Younas, the deceased.
3. After hearing the learned counsel for the parties and perusing the record, it was straightway observed that no time of occurrence find mentioned in the FIR. Apart from general allegation of causing injury, a kick blow was attributed to Kamran, the petitioner whereas, no other role has been assigned to Kaleem Akhtar alias Nadir. The cause of death in this case was Myocardial infarction and asphyxia opined by the medical officer. None of the injury attributed to the petitioners was fatal. They are behind the bars since their arrest and their continuous detention for indefinite period would not advance the case of prosecution, in particular, when the investigation is complete. The commencement of trial is also not clog in the way of grant of bail when an accused is entitled to the same; Ref: "Muhammad Ismail v. Muhammad Rafique and another" (PLD 1989 SC 585) and "Mst.
Maria Khan v. The State and another" (2013 SCM R 49). All these considerations render the case of the petitioners one of thorough probe within the meaning of Section 497(2), Cr.P.C., thus, I am inclined to exercise my discretion in their favour.
4. For the foregoing reasons, the instant application is accepted and the petitioners are admitted to post arrest bail subject to furnishing their bail bonds in the sum of Rs.2,00,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court/Duty Judge.