Javaid Khan and 2 others vs State and another
This criminal petition was filed under Section 497, Code of Criminal Procedure 1898, seeking post-arrest bail for three petitioners accused in a case involving multiple murders and injuries, registered under Sections 302, 324, 109, 148, and 149, Pakistan Penal Code 1860. The core legal question concerned whether the petitioners were entitled to the concession of bail given the allegations and the findings of the investigation. During the proceedings, the counsel for the petitioners withdrew the bail plea for two petitioners, Javaid Khan and Sabir Khan, leading to the dismissal of their petition as not pressed. Regarding the third petitioner, Pervaiz alias Zubair, the court noted conflicting versions: the FIR alleged he caused a firearm injury, while the investigation suggested he arrived at the scene empty-handed after the occurrence. The court held that at the stage of tentative assessment, these conflicting versions necessitated further inquiry into his guilt. Consequently, the court granted bail to Pervaiz alias Zubair under Section 497(2), Code of Criminal Procedure 1898, citing the lack of trial progress and the fact that he was no longer required for investigation.
- Whether a case involving conflicting versions between the FIR and the police investigation warrants further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can bail be granted when the petitioner is no longer required for investigation and the trial has not made tangible progress?
- Section 497, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
Through this petition under Section 497, Cr.P.C., petitioners Javaid Khan, Sabir Khan and Parvaiz alias Zubiar have sought post arrest bail in case FIR No. 254 dated 1'3.05.2019, in respect of offences under Sections 302, 324, 109, 148 & 149, PPC, registered at Police Station, Yousaf W ala, District Sahiwal.
2. Briefly , the allegations against the petitioners are that on 13.05.2019 at 07:30 p.m. they alongwith five nominated and four unknown accused, while armed with fire-arm weapons, in furtherance of their common object, launched murderous assault upon the complainant party when they were irrigating their land resulting into death of Muhammad Tufail, Muhammad Tariq, Muhammad Yousaf, Irshad Ali and Akbar Ali and fire-arm injuries to Allah Ditta, Mst. Imtiaz Bibi and Mst. Mumtaz Bibi. Hence, this case was registered.
3. I have heard learned counsel for the petitioner , learned Deputy Prosecutor General appearing for the State assisted by the learned counsel for the complainant and perused the record.
4. After arguing the matter at full length, learned counsel for the petitioners opted not to further press this petition to the extent of petitioners Javaid Khan and Sabir Khan. This petition stands dismissed as having not been pressed to their extent .
5. Pervaiz alias Zubair/Petitioner No. 3 (hereinafter call the petitioner) was saddled with the responsibility of causing fire-arm injury at the left thigh of injured Mst. Imtiaz Bibi, which was found available at the time of her medico-legal examination but the same was kept under observation. Learned Law Officer}, on instructions, states that the nature of said injury has not yet been got declared by the investigating officer. During investigation, the petitioner was found to have reached the occurrence empty-handed when the occurrence was already over. All this shows that it is a case of two versions viz-a-viz the present petitioner , one mentioned in the crime report qua his specific role of causing fire-arm injuries to the injured lady at her left thigh and the second one being outcome of the investigating agency wherein the petitioner was found to have reached the place of occurrence empty-handed when it was already over. At this stage of tentative assessment of the record, none of these versions can be taken into account to refuse the concession of bail to the petitioner , who is behind the bars since 28.06.2019 without tangible progress in the conclusion of trial and he is not required to the investigating agency anymore for further investigation. I have found that the case against the petitioner requires further probe and inquiry into his guilt under sub-section (2) of Section 497, Cr .P.C.
For what has been discussed above, the petition in hand to the extent of Parvaiz alias Zubair , Petitioner No. 3 is allowed and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 100,000/- with one surety in the like amount to the satisfaction of the trial Court.