Nasir vs State etc.
The petitioner filed a petition seeking post-arrest bail in case FIR No. 305/2019 registered under Sections 302, 324, 148, 149, 109, 337F(vi), 337F(i), 337A(i), and 37L(ii) of the Pakistan Penal Code 1860 at Police Station Kur, Tehsil Tandlianwala, District Faisalabad. The core legal question was whether the petitioner was entitled to post-arrest bail given the specific role attributed to him in the murder and firearm injuries caused to the deceased and injured witnesses, supported by medical evidence and forensic reports. The Lahore High Court held that the petitioner was specifically named in the FIR with a direct role of firing at a vital part of the deceased's body, which was corroborated by the postmortem report and forensic match of the recovered weapon with crime empties, and that the offense fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, the court dismissed the bail petition.
- Whether an accused assigned a specific firearm role resulting in a fatal injury on a vital part of the deceased is entitled to post-arrest bail?
- Does an offense under Section 302 of the Pakistan Penal Code fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure?
- Is a positive forensic match of recovered empties with a pistol recovered on the pointation of the accused sufficient to decline post-arrest bail?
- 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 109, Pakistan Penal Code 1860
- Section 337F(vi), Pakistan Penal Code 1860
- Section 337F(i), Pakistan Penal Code 1860
- Section 337A(i), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Through the instant petition, the petitioner seeks post arrest bail in case FIR No. 305/2019, dated 28.11.2019, offences under Sections 302/324/148/149/109/337F(vi)/337F(i)/337A(i)/37L(ii), PPC, Police Station Kur, Tehsil Tandlianwala, District Faisalabad.
2. Arguments heard. Record perused.
3. The petitioner is named in the FIR with the specific role that on the intervening night of 27/28-11- 2019, at 12.30 (a.m), he along with his co-accused while armed with different weapons came to the house of the complainant party and committed murder of Zahid Bashir (deceased) and caused injuries to Riaz Hussain, Javed Iqbal, Mulazam Hussain and Ashiq Hussain PWs. The petitioner has been assigned a specific role of making a fire shot, which landed on the chin of Zahid Bashir (deceased). The role attributed to the petitioner is prima-facie supported by the medical evidence because according to the postmortem report of the deceased, there was a firearm lacerated wound having graze mark on chin (Injury No. 4). The petitioner has caused a firearm injury on the vital part of the body of the deceased. A pistol has been recovered on the pointation of the petitioner and as per report of the Punjab Forensic Science Agency, Lahore, two empties recovered from the spot matched with the said pistol. Empties were deposited in the office of Punjab Forensic Science Agency, Lahore far earlier to the arrest and recovery of pistol on the pointation of the petitioner. Offence under Section 302, PPC, falls within the ambit of prohibitory clause of Section 497 of, Cr.P.C. The petitioner has been found guilty during the course of police investigation.
4. In the light of above discussion, there is no substance in the present petition, hence the same is hereby dismissed.