Muhammad Latif vs State etc
This petition concerns a request for post-arrest bail by Muhammad Latif, who was charged under Sections 337-A(iii), 337-L(ii), 354, 148, and 149 of the Pakistan Penal Code, 1860, in relation to an FIR involving allegations of causing injuries, robbery, and outraging modesty. The core legal question was whether the petitioner was entitled to bail given the discrepancies in the prosecution's evidence regarding his presence and specific role in the alleged incident. The Court held that the case against the petitioner warranted further inquiry into his guilt because the medico-legal report contradicted the allegation that the petitioner caused the injuries, and the police report under Section 173 of the Code of Criminal Procedure, 1898, indicated that another accused was responsible for the injuries and that the petitioner was not present at the scene. The Court established that the petitioner's status as a fugitive from law did not automatically disentitle him to bail when his case otherwise qualifies for further inquiry, particularly when the investigation is complete and further incarceration serves no useful purpose.
- Does the status of an accused as a fugitive from law automatically disentitle them to the grant of post-arrest bail?
- When does a criminal case qualify as one of further inquiry for the purpose of bail?
- Is an accused entitled to bail when the police report under Section 173 of the Code of Criminal Procedure 1898 contradicts the initial allegations regarding their presence at the scene?
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 173, Code of Criminal Procedure 1898
- Section 87, Code of Criminal Procedure 1898
ORDER
Through this petition, Muhammad Latif petitioner seeks post-arrest bail in case FIR No. 1212/2016 dated 21.09.2016, registered for offences under Sections 337-A(iii), 337-L(ii), 354, 148 & 149 of Pakistan Penal Code, 1860, at Police Station Saddar , Kasur .
2. In brief, the allegation against the petiti oner is that he alongwith his co-accused while armed with their respective weapons, in prosecution of their common object, caused injuries to the complainant and his wife Yasmin, took away cash amount of Rs.20,960/- and also outraged the modesty of the wife of the complainant.
3. Arguments heard. Record perused.
4. As per crime report, the petitioner caused a single blow with takwa' i.e. a sharp edged weapon but perusal of the medico legal examination certificate df the said lady also transpires that the injuries available on her person were caused with blunt weapon, i.e. the report prepared under Section 173, Cr.P.C. dated 05.10.2020 also transpires that it was accused Shan, who caused injuries to Yasmin during the occurrence, and that Muhammad Latif petitioner was not present at the time of occurrence. These circumstances make the case of petitioner one of further inquiry into his guilt entitling him to the grant of post-arrest bail. Though as per record petitioner remained fugitive from law for a considerable period yet credibility of the proceedings conducted under Section 87, Cr.P.C. are yet to be looked in by the learned trial Court after recording of evidence in this regard and moreover , the same fact is not sufficient to disentitle the petitio ner for the grant of post-arrest bail espe cially when he has made out his case one of further inquiry into his guilt. The petitioner is behind the bars since his arrest on 24.09.2020 though he is no more required for the purpose of investigation. Keeping him further incarcerated in connection with this case till indefinite period is not likely to serve any useful purpose. Hence, this petition is allowed and the petitioner is admitted to post-arrest bail, subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court.