Syed Wajahat Ali Shah vs The State
The instant criminal petition has been filed by the petitioner, Syed Wajahat Ali Shah, seeking post-arrest bail under section 497, Code of Criminal Procedure 1898 in FIR No. 01/2022 registered under section 322, Pakistan Penal Code 1860 at Police Station Immit District Ghizer, relating to the suicide of Mst. Safia Begum. The core legal question is whether the petitioner is entitled to bail when the primary role of harassment and blackmailing leading to suicide is attributed to a co-accused, and the offense does not fall within the prohibitory clause. The Gilgit Baltistan Chief Court held that since the petitioner was not directly involved with specific active roles attributed regarding the suicide, the offense was punishable only with Diyat, and the case did not fall within the prohibitory clause of section 497(1), Cr.P.C., the petitioner's case called for further inquiry. The court laid down the principle that an accused whose role is distinguishable from the principal offender and whose alleged offense falls outside the prohibitory clause is entitled to post-arrest bail as a matter of further inquiry.
- Whether an accused is entitled to post-arrest bail when the offense under section 322 of the Pakistan Penal Code is punishable only with Diyat?
- Does an offense punishable with Diyat fall within the prohibitory clause of section 497(1) of the Code of Criminal Procedure?
- Whether a petitioner whose role is distinguishable from the principal accused in a suicide case qualifies for further inquiry under section 497, Cr.P.C.?
- Section 497, Code of Criminal Procedure 1898
- Section 322, Pakistan Penal Code 1860
- Section 174, Code of Criminal Procedure 1898
- Section 173, Code of Criminal Procedure 1898
- Section 497(1), Code of Criminal Procedure 1898
ORDER
ALI BAIG, C.J.---The instant bail application has been moved by the petitioner namely Syed Wajahat Ali Shah under section 497, Cr.P.C. for his enlarge-ment on bail in criminal case FIR No. 01/2022 dated 17-01-2022 registered under section 322, P.P.C. at Police Station Immit District Ghizer.
2. Briefly stated, the facts of the case are that on receipt of information by the S.H.O. Police Station Immit regarding suicide of one lady Mst. Safia Begum daughter of Muhammad Aziz resident of Ganjabad started proceedings under section 174, Cr.P.C. and during proceedings the S.H.O. came to know that due to illegal and unlawful act of petitioner/accused and accused Raza Ali compelled the deceased lady to commit suicide and accordingly he registered FIR No. 1/2022 against the petitioner/accused and co-accused Raza Ali - under section 322, P.P.C. at Police Station Gupis.
After registration of FIR the concerned S.H.O. arrested the accused/ petitioner and after completion of usual investigation committed the accused/ petitioner to judicial custody.
3. The petitioner/accused has filed bail application before the learned Session Judge Ghizer. The learned Sessions Judge Ghizer after hearing arguments on behalf of both the parties has dismissed the bail application of the present petitioner/ accused vide bail order dated 22-02-2022, hence, the instant petition before this Court.
4. The learned counsel for the petitioner submitted that petitioner/ accused has falsely been implicated in the case and the FIR has been lodged with un-explained delay of seven days, which creates doubts in prosecution version. He further submitted that the investigation has been completed and petitioner/ accused is no more required for further investigation. The learned counsel for the petitioner/accused further submits that the petitioner/accused is not nominated in the FIR. The learned counsel for the petitioner/accused further submitted that offence under section 322, P.P.C. is bailable and punishment of section 322, P.P.C. is only Diyat. He further submitted that challan of the case has not been submitted in Court which is clear violation of section 173, Cr.P.C. He lastly submitted that the case of the peti-tioner requires further inquiry therefore, accused/petitioner is entitled for concession of bail.
5. On the other hand the learned Dy. A.G. assisted by, learned counsel for the complainant vehemently opposed the contentions raised by the learned counsel for the petitioner/accused and submitted that accused/petitioner is directly nominated in the FIR. Prosecution witnesses prima facie link the accused petitioner with the alleged offence. They further submitted that accused/petitioner has been involved in the instant case after thorough investigation under section 174, Cr.P.C. The report has promptly lodged to S.H.O. therefore, no delay has been occurred while receiving information regarding the occurrence by the S.H.O. They further submitted that due to the illegal and unlawful act of the petitioner the innocent lady has committed suicide. The petitioner/accused is not entitled for concession of bail as this Hon'ble Court has refused bail to an accused involved in the offence under section 322, P.P.C.
6. I have heard the learned counsel for the parties at length and also perused the record of the case with their able assistance.
7. From perusal of record it transpires that the deceased Safia Begum was fiancee of the present petitioner and before engagement of the deceased with the present petitioner one principal accused namely Raza Ali had sought hand of the deceased lady but the deceased lady and her family members had refused him. Accordingly the, principal accused Raza Ali got annoyed from the said engagement. He forced the above named deceased lady to end/break the said engagement with the present accused/ petitioner. Accordingly he started blackmailing and harassing the deceased lady. Consequently. the above. named', lady has committed suicide.
8. In the instant case the present petitioner is not directly involved and no specific role has been attributed to the petitioner rather the above named lady has committed suicide due to blackmailing and harassm ent of principal accused namely Rau Ali. Moreover, there is yet another aspect which persuade this Court to allow this petition to grant bail to the petitioner as offence under section 322, P.P.C, is made punishable only with Diyat and such amount even upon conviction is made payable to the legal heirs of deceased. Furthermore. the offence under section 322, P.P.C. does not fall within the ambit of prohibitory clause of section 497(1), Cr.P.C. Role of the petitioner is quite distinguishable with that of his co-accused/principal accused namely Raza Ali therefore, I am of the view that the petitioner is entitled for concession of bail.
9. Keeping in view the above discussion, this Court is of the opinion that under the circumstances this is a case of further inquiry in-respect to guilt of the petitioner, therefore. this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing of bail bonds M the sum of Rupees 200,000/-with two sureties each In the like amount to the satisfaction of trial Court.
10. Before parting with this order it is made clear that any observations made in the above order are tentative in nature and shall not influence the trial Court. File.