Mudassir vs The State and another
The petitioner, Mudassir, sought post-arrest bail in a murder case registered under Section 302 of the Pakistan Penal Code 1860, following an FIR alleging he shot and killed the complainant's brother. The core legal question was whether the petitioner was entitled to the concession of bail given the material available on record. Upon tentative assessment, the Court observed that the complainant had promptly charged the petitioner in the FIR, and this version was corroborated by medical evidence, the recovery of blood-stained earth, and blood-stained garments. Although the petitioner argued that the Forensic Science Laboratory (FSL) report indicated the recovered empties were fired from different weapons, the Court held that this did not, at the bail stage, entitle the accused to relief, as a prima facie case existed. The Court declined to delve into the merits of the FSL report to avoid prejudicing the trial. Consequently, the Court held that the offence fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and dismissed the bail petition.
- Does an FSL report indicating that recovered empties were fired from different weapons automatically entitle an accused to bail in a murder case?
- Is an accused entitled to bail when the offence falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 and there is a prima facie case?
- Should a court comment on the merits of forensic evidence during the bail stage?
- Section 302, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
SAHIBZADA ASADULLAH, J.---Through present petition the petitioner Mudassir seeks his release on bail in case FIR No.170 dated 28.03.2016 registered under section 302, P .P.C. at police station Naurang, District Lakki Marwat.
2. Brief facts of the case are that on 28.3. 2016 at 20:20 hours complainant Habibu llah alias Mistry along with dead body of his brother Hamdullah Jan lodged report in emergency room civil hospital Naruang to the effect that on the eventful day he and his nephew Sajjad Khan after performing evening prayer were present in their landed property for easement. Meanwhile accused/ petitioner came there and knocked at the door of house of his brother Hamdullah Jan, upon which his brother came out from his house and both came near to them. At about 19:00 hours after exchange of hot words between them, the accused/ petitioner made firing at his brother with pistol with the intention to commit his murder , as a result of which he got hit and fell down. When the complainant and his nephew attended his brother , he had succumbed to his injuries.
3. Complainant present in court stated that he cannot afford private counsel and would rely on the arguments of learned AAG. Arguments of learned counsel for petitioner and learned AAG heard and available record gone through.
4. Perusal of the record reveals that complainant Habib Ullah directly charged single accused/petitioner in a promptly lodged FIR for murder of his brother Hamdullah Jan by firing at him with pistol. Medical report, recovery of blood stained earth from the place of deceased, and blood-stained garments gave further support to the complainant's version. When all these material pieces of evidence taken in juxtaposition, a prima facie case is made out against the accused/petitioner . Though FSL report shows that the empties recovered from the place of accused were fired from different weapon s but prima facie report of the fire arms expert does not entitle him for the concession of bail. Further this Court will abstain from commenting on the report of F.S.L at this stage, which will definitely prejudice the case of either party before the trial Court.
5. For the reasons discussed above, on tentative assessment of the record, the accused/petitioner is prima facie connected with the commission of offence, which falls under the prohibitory clause of section 497(1), Cr.P.C., hence in the circumstances, the present accused/petitioner is not found entitled for the concession of bail. Resultantly , this petition stands dismissed.