Haider Ali vs The State and others
This matter arises from a petition impugning the order of the High Court declining post-arrest bail to the petitioner in case FIR No. 107 registered under Sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Madina Town, Faisalabad. The core legal question revolves around whether the petitioner is entitled to post-arrest bail in view of the delayed identification and divergent stance taken by the complainant in the supplementary statement regarding an initially unnamed accused. The Supreme Court converted the petition into an appeal and allowed it, holding that the divergent stance of the complainant regarding the identification of the accused makes the case one of further inquiry under subsection (2) of Section 497 of the Code of Criminal Procedure 1898. The key principle laid down is that a divergent stance between the initial FIR, where the accused is unnamed, and a subsequent supplementary statement naming the accused creates a reasonable doubt warranting the grant of post-arrest bail under the purview of further inquiry.
- Does a divergent stance in a supplementary statement regarding the identification of an initially unnamed accused make out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Whether an accused not named in the initial FIR is entitled to post-arrest bail when subsequently identified in a supplementary statement?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
SARDAR TARIQ MASOOD, J.---Through this petition the petitioner impug ns the order dated 12.10.2020 through which the post arrest bail was declined to him in case FIR No.107 registered at Police Station Madina Town, Faislalabad on 15.1.2020 in respect of the offences under sections 302/324/148 and 149 of the Pakistan Penal Code (P .P.C.).
2. After hearing learned counsel for the petitioner , counsel for the complainant, learned Addl. Prosecutor General Punjab and having gone through the record we observe that although the FIR was chalked out on a written application of the complainant Faisal Jameel but name of the petitioner is not mentioned in the said FIR rather it is mentioned that the unknown person who fired four shots at Javed Bashir can be identified by the complainant if brought before him. Subsequently , the supplementary statement was recorded by the complainant who categorically stated that he identified the petitioner then and there when he made fire shots upon Javed Bashir deceased. This divergent stance of the complainant makes the case of the petitioner of further inquiry falling under subsection (2) of section 497 of the Criminal Procedure Code (Cr.P.C.). Hence, this petition is converted into an appeal and the same is allowed. The petitioner is released on bail subject to his furnishing bail bond in the sum of Rs.2,00,000/- (Rupees two hundred thousand only) with two sureties in the like amount to the satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 3 cases
- Peer Syed Fayaz Shah vs The State 2023 SHC 992
- Akhtar Ali and others vs The State and others 2024 YLR 2554
- Muhammad Kashif Shehzad Versus State 2025 YLR 1672