Rafi Ullah vs State etc
This petition was filed by the petitioner, Rafi Ullah, seeking post-arrest bail in a criminal case registered under Section 302 of the Pakistan Penal Code 1860, concerning the alleged murder of Mst. Parveen. The core legal question was whether the petitioner was entitled to bail given the evidence collected during the investigation. The Court examined the prosecution's case, which alleged that the petitioner shot the deceased with a .30-bore pistol, a version corroborated by the post-mortem report and the recovery of the weapon of offense. Furthermore, the prosecution witnesses maintained their statements recorded under Section 161 of the Code of Criminal Procedure 1898. The Court held that the material collected during the investigation established reasonable grounds to connect the petitioner to the commission of the offense. As the offense fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, the Court dismissed the bail petition, finding it devoid of merit. The key principle reaffirmed is that where reasonable grounds exist to connect an accused to a non-bailable offense falling under the prohibitory clause, bail should be refused.
- Does an offense 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 bail appropriate when the prosecution has collected material establishing reasonable grounds to connect the accused to the offense?
- Section 497, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
ORDER
Through this petition under Section 497, Cr.P.C. the petitioner Rafi Ullah, seeks post-arrest bail in case F.I.R. No. 115 dated 26.03.2019 under Section 302, PPC, registered at Police Station Kundian Mianwali.
2. Briefly the prosecution case as per crime report got lodged by Bahawal Khan complainant is that on 26.03.2019 at 06:30 pm the petitioner committed homicidal death of Mst. Parveen, niece of the complainant, while firing with his .30-bore pistol.
3. Heard. Record perused.
4. This petition has been filed on merit as well as on medical ground. It evinces from record that in the crime report the version of Bahawal Khan complainant was that present petitioner Raif Ullah gunned down his niece Mst.
Parveen and the responsibility of fire shot on, the right side of chest of the deceased was upon the present petitioner . During investigation the petitioner was declared guilty and weapon of offence i.e. pistol, was duly recovered from him. The prosecution witnesses still stand with their statement s recorded under Section 161, Cr.P.C. The prosecution version finds corroboration from the post-mortem report of the deceased. The material so far collected during the investigation, cons titute reasonable ground to connect the petitioner with the commission of offence. The of fence with which the petitioner is charged fall with the prohibitory clause of Section 497, Cr .P.C.
5. Consequently this petition being devoid of any force is hereby dismissed. 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.