Tanveer Ahmad vs State and another
This petition for post-arrest bail arises from a criminal case registered under Sections 302 and 34 of the Pakistan Penal Code, 1860, involving the murder of the complainant's father. The petitioner was alleged to have caused a firearm injury to the deceased's right thigh. Upon reviewing the record, the Court noted that the post-mortem report identified injuries 1-4 as firearm injuries, but failed to categorize the injury attributed to the petitioner (injury 5) in the same manner. Furthermore, the medical report did not classify injury 5 as ante-mortem, and it was admitted that this injury was not the cause of death. Additionally, the investigation failed to connect the petitioner to the crime, and no weapon was recovered at his instance. Consequently, the Court held that the petitioner's case fell within the scope of further inquiry into his guilt. The petition was allowed, and the petitioner was granted post-arrest bail under Section 497(2) of the Code of Criminal Procedure, 1898, subject to the provision of bail bonds.
- Does the failure of a medical report to classify an injury as a cause of death or as a firearm injury constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can post-arrest bail be granted when the investigation fails to connect the accused to the alleged crime or recover the weapon of offense?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Through this petition, Tanveer Ahmad, petitioner seeks post arrest bail in case F.I.R. No. 187 dated 25.12,2020, registered for offence under Sections 302 & 34 of Pakistan Penal Code, 1860, at Police Station Bhagat, District Mandi Bahauddin.
2. Briefly , the allegation against the petitioner is that he along with co-accused while armed with deadly weapons perpetrated the murder of Iftikhar (deceased), father of the complainant.
3. Heard. Record perused.
4. The petitioner has been assigned the role of causing a firearm injury to the deceased with his pistol on right thigh. Perusal of the post-mortem examination report transpires that while giving description of Injuries No. 1 to 4 the Medical Of ficer has mentioned them as firearm injuries while it is not so mentioned about Injury No.
5. Similarly , in the column of opinion the Medical Officer has declared Injuries No. 1 to 4 as ante mortem in nature.
No such opinion with regard to Injury No. 5 specifically assign ed to the petitioner is available there. Admittedly , Injury No. 5 is not the cause of death. During the up-to-date investigation the petitioner has not been found connected with the alleged offence because of which no crime weapon could be recovered at his instance. These circumstances make the case of the petitioner one of further inquiry into his guilt entitling him to the grant of post arrest bail under Section 497 sub section (2), Cr.P.C. The petitioner is behind the bars since his arrest on 12.01.2021. Hence, the instant petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 500,000/- with two sureties each in the like amount, to the satisfaction of the learned trial Court. However , it is made clear that observations given supra being tentative in nature are meant to deal with the petition in hand only .