MUHAMMAD KHALID Versus State
This matter concerns a petition for pre-arrest bail filed by the petitioner, who was implicated in a criminal case involving charges under sections 302, 109, 147, and 148 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to pre-arrest bail given the specific allegations and the medical evidence. The petitioner was alleged to have held the deceased while a co-accused inflicted a fatal injury. However, the medical report indicated only a single fatal head injury, casting doubt on the necessity of the petitioner's alleged assistance. Furthermore, the investigation found the petitioner innocent, and the complainant had implicated the petitioner's entire family, suggesting mala fide intent. The Court held that the case against the petitioner fell within the scope of further inquiry, thereby entitling him to the concession of bail. Consequently, the Court confirmed the ad interim pre-arrest bail, establishing the principle that where the prosecution's narrative is inconsistent with medical evidence and investigation findings, the accused is entitled to bail pending trial.
- Does the presence of a single fatal injury in a medical report, when multiple accused are alleged to have participated, entitle an accused to bail on the grounds of further inquiry?
- Can the finding of innocence during a police investigation serve as a valid ground for confirming pre-arrest bail?
- Does the implication of an entire family by a complainant in an FIR constitute evidence of mala fide sufficient to grant bail?
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
ORDER
1. MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.--- Submits that petitioner has been falsely involved in this case being the brother of the co-accused who had caused .fatal injury to the deceased. It is submitted that though the allegation against the petitioner as penned in the F.I.R. is that at the relevant time he had held the deceased but on the other hand the Medico-legal Report reveals that there was only one injury on the head of the deceased and the same could easily be caused even without the assistance of the petitioner and that in the circumstances involvement of the petitioner in this case smacks some foul-play and shows the mala fide of the prosecution.
2. Points raised need consideration. Admit. Notice for 9-3-2006. In the meantime petitioner is admitted to ad interim pre-arrest bail in case F.I.R. No.324 Of 2005, dated 27-10-2005 for the offence under sections 302/109/147/148, P.P.C. registered at Police Station Aimanabad, District Gujranwala subject to his furnishing bail bonds amounting to Rs.1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of D.R. (Judicial) of this Bench. Petitioner shall join the investigation as well as appear before this Court on each and every date of hearing.
2. (Sd.)
3. Mian Muhammad Najam-uz-Zaman, J
4. In continuation of my previous order, record produced by the agency reveals that 'during the investigation petitioner was found innocent. Even otherwise, I have observed that the only allegation against the petitioner is that of holding the deceased along with seven other co-accused, whereas' single injury was caused on the head of the deceased of Azam co-accused of the petitioner and in the circumstances was the assistance of the petitioner required for doing the said job? Is a question which brings the case of the petitioner within the fold of further inquiry entitling him to the concession of bail. I have also observed that in this case the entire family of the petitioner including his cousins have been involved by the complainant party and this fact on the face of it is sufficient to show the mala fide of the complainant. In this view of the matter, this petition is allowed and ad interim pre-arrest bail already granted to the petitioner in case F.I.R. No.324 of 2005, dated 27-10-2005 for the offence under sections 302/109/147/148, P.P.C. registered at Police Station Aimanabad, District Gujranwala, vide order, dated 2-3-2006 stands confirmed against the same surety bonds.
5. H.B.T./M-392/L Bail confirmed.