Muhammad Jahangir Afzal vs The State through P.G. Punjab and another
This matter concerns a petition for post-arrest bail filed by the petitioner, Muhammad Jahangir Afzal, who was implicated in a murder case registered at Police Station Ferozwala. The core legal question was whether the petitioner was entitled to bail given the inconsistencies in the prosecution's case regarding his identity and role. The Supreme Court observed that there was no consensus between the complainant and the injured witness regarding the petitioner's identity, and the Investigating Officer's depiction of the petitioner's presence at the crime scene was incompatible with the witnesses' narratives. Furthermore, the injured witness had retracted his statement, creating significant doubt. The Court held that the petitioner's culpability required further inquiry, thereby falling under the scope of subsection (2) of section 497 of the Code of Criminal Procedure 1898. Consequently, the Court allowed the appeal and granted bail to the petitioner, establishing the principle that where prosecution evidence is inconsistent and contradictory, the accused is entitled to the benefit of further inquiry at the bail stage.
- Does a lack of consensus between the complainant and injured witnesses regarding the identity of an accused warrant the grant of bail under the principle of further inquiry?
- Can an accused be released on bail when the Investigating Officer's narrative is incompatible with the statements of the prosecution witnesses?
- Does the retraction of a statement by an injured witness create a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Section 497(2), Code of Criminal Procedure 1898
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---Adnan Ahmed, 26, was shot dead at 8:30 p.m. on 22.8.2019 within the remit of Police Station Ferozwala, Distric t Sheikhupura; Muhammad Tariq PW survived the assault; incident was reported by deceased's mother Talat Gulzar through written application wherein Rohail son of Gulzar accompanied by an unknown assailant was blamed for the assault without reference to motive for the crime; she inducted the petitioner as accused through supplementary statement purportedly recorded on 23.08.2019, in line with even dated statements of her brother Shafqat and daughter Sobia, acclaimed witnesses of the incident. Muhammad Tariq, injured PW, through statement dated 26.8.2019 took the petitioner on board as well, though in a manner , diametrically different. According to Muhammad Tariq PW, he alongside the deceased was surprised by the petitioner and Rohail co-accused, riding a motorbike, while they were present in the lane during load shedding; complainant as well as the witnesses named in the crime report are conspicuous by their absence; they are substituted by Tariq's sister Shamim Akhtar; retracting therefrom, he ditched the prosecution on 08.11.2019 by substituting the petitioner with an unknown assailant who accompanied the nominated co-accused.
2. Heard. Record perused.
3. Seemingly there is no consensus between the complainant and the injured on the identity of the petitioner; even subsequently assigned role to the petitioner is not shared by the Investigating Officer who merely depicted his presence at the crime scene in a manner incompatible with witnesses' narrative. Evidential value of supplementary statements A with the possibility of a space to reconcile differences between the witnesses is an exercise that can be best undertaken after recording of evidence and as such petitioner's culpability for the present is squarely covered by subsection (2) of section 497 of the Code of Criminal Procedure 1898; a case for grant of bail stands made out. Criminal Petition is converted into appeal and allowed; petitioner shall be released on bail subject to his furnishing bond in the sum of Rs.500,000/- with one surety in the like amount to the satisfaction of the learned trial Court/duty Judge.
Cited by 2 cases
- Waqas Ahmed vs The State and another 2022 YLR 568
- KHAN MUHAMMAD DAHRI Versus State 2021 YLRN 115