Muhammad Hashim Khan vs State and another
This petition for post-arrest bail arises from FIR No. 110/2019, registered under Sections 302 and 34 of the Pakistan Penal Code 1860, concerning the murder of Adnan Haider. The petitioner was accused of firing a fatal shot at the deceased, an allegation supported by the FIR, ocular accounts, and medical evidence confirming the cause of death. The core legal question was whether the petitioner was entitled to post-arrest bail given the incriminating material on record. The Court held that the petitioner was nominated in the FIR with a specific role, and the medical evidence corroborated the prosecution's case, including the recovery of the weapon. Consequently, the Court dismissed the bail petition, finding that the offence fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The key principle laid down is that where there is prima facie evidence of involvement in a capital offence, and the contentions raised require a deeper appreciation of evidence, bail is not warranted at the pre-trial stage, as such evaluation is impermissible during bail proceedings.
- Does an offence under Section 302 of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is a deeper appreciation of evidence permissible at the stage of deciding a post-arrest bail petition?
- Can bail be granted when the petitioner is nominated in the FIR with a specific role and medical evidence corroborates the prosecution's version?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Through this petition, Muhammad Hashim, the Petitioner , seeks post-arrest bail in case FIR No. 110/2019, dated 24.3.2019, offences under Sections 302, 34, PPC, registered with the Police Station City Joharabad, District Khushab, at the instance of Ansar Nawaz Complainant.
2. According to the crime report, the alleg ation against the petitioner is that he along with his co-accused assaulted upon the complainant's party near Ishfaq Karyana Store, Burhan Town Joharabad and during the occurrence the petitioner fired a shot with his pistol which hit left side of chest of Adnan Haider , who succumbed to the injury at the spot.
3. Arguments heard, record perused.
4. Record reflects that the petitioner is nominated in the FIR with specific role of causing firearm injury on the left side of chest of deceased Adnan Haider . The postmortem examination of Adnan Haider reflected said injury as Injury No. 1 and has been declared as cause of death. The medical evidence is in line with the ocular account. The statements of P.Ws. recorded by the Police fully corroborate the prosecution's version. The recovery of pistol has also been ef fected from the petitioner during the course of investigation.
5. An offence under Section 302, PPC attracts the prohibitory clause contained in sub-section (1) of Section 497, Cr.P.C. Prima facie reasonable grounds exist regarding involvement of the petitioner in the murder in issue as the prosecution has sufficient incriminating material on record against the petitioner . All the contentions raised by the petitioner need deeper appreciation of evidence that is not permissible at this stage. Guidance is sought from Munir Ahmed v . The State and another (2014 SCMR 1669 ) and Malik Ageel v . The State (2011 SCMR 170 ).
6. For the above reasons, instant petition is dismissed. It is, however , clarified that the observations made hereinabove are tentative in nature, and strictly confined to the disposal of this bail petition.