Muhammad Azeem Mahar vs The State
The applicant sought post-arrest bail under Section 497 of the Code of Criminal Procedure 1898 in a case registered regarding the alleged murder of his wife by administering a poisonous substance and subsequently burying her dead body. The core legal question was whether the applicant made out a case for further inquiry under Section 497(2), Code of Criminal Procedure 1898, given the delayed First Information Report lodged by the police on behalf of the State based on spy information, the lack of eyewitnesses, and the unascertained actual cause of death. The Sindh High Court held that the applicant was entitled to bail on the ground of further inquiry. The court laid down the principle that an unexplained delay in lodging the First Information Report by the police based on spy information, coupled with an unascertained cause of death and absence of eyewitnesses, creates reasonable grounds for further inquiry into the guilt of the accused, justifying the grant of post-arrest bail.
- Whether an accused is entitled to post-arrest bail when the First Information Report is lodged with a delay by the police on the basis of spy information?
- Does the failure to ascertain the actual cause of death during investigation bring the case within the scope of further inquiry for the grant of bail?
- Is an accused entitled to bail under Section 497, Code of Criminal Procedure 1898 when no eyewitnesses connect him to the alleged crime?
- Section 497, Code of Criminal Procedure 1898
ORDER
Irshad Ali Shah J. It is alleged that applicant committed death of his wife Mst. Foziai Bibi after administrating some poison substance to her and then buried her dead body in order to save himself from legal consequences for that the present case was registered.
2. The applicant on having been refused post-arrest bail by learned Ist Additional Sessions Judge, (MCTC) Ghotki, has sought for the same from this Court by way of instant application under section 497 Cr .P.C.
3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant; the FIR has been lodged by the police on behalf of the State that too with delay of about 02 days and actual cause of death of the deceased has not yet been ascerta ined by the police, therefore, the applicant is entitled to grant of bail on point of further enquiry .
4. Learned D.P.G. for the State has opposed to grant of bail to the applicant by contending that the case is still under investigation.
5. I have considered the above argument and perused the record.
6. None has seen the applicant committing the alleged incident. The FIR of the incident has been lodged by the police on behalf of the state, on the basis of spy information that too with delay of about 02 days, such delay could not be ignored. The actual death of the deceased has not yet been ascertained. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of bail on point of further inquiry .
7. In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum of Rs.200,000/- (Rupees Two Lac) and P .R bond in the like amount to the satisfaction of learned trial court.
8. The instant bail application is disposed of accordingly .