Syed SHABHAT RAZA ZAIDI Versus THE STATE
This bail application concerns an accused charged with the murder of his wife, Mst. Qaisara Abbas, who died from burn injuries. The incident occurred on September 22, 2003, but the FIR was registered on October 17, 2003, based on a letter from the deceased's father. The defense contended that the incident was a suicide, citing statements from the deceased lady herself, medical personnel, and police officials indicating the applicant's innocence. Furthermore, the investigation officer remarked that there was no strong evidence to implicate the accused, though the challan was submitted for judicial determination. The State did not oppose the bail application. Upon tentative assessment, the Court found that the prosecution record did not rule out the possibility of suicide. Consequently, the Court held that the case fell within the scope of further inquiry under the relevant statutory provision. The Court granted bail to the applicant, ruling that the determination of whether the death was a suicide or homicide required a full trial and evidence recording.
- Does the existence of conflicting evidence regarding whether a death was a suicide or a homicide necessitate further inquiry for the purpose of bail?
- Is an accused entitled to bail when the prosecution's own investigation remarks indicate a lack of strong evidence to implicate the accused?
- Section 497(2), Code of Criminal Procedure 1898
ORDER
1. This is an application for bail of the applicant, in a murder case, which occurred in the house of the deceased lady Mst. Qaisara Abbas on 22-9-2003. The report of this incident was not lodged with police prior to 17-10-2003. It seems that on a letter dated 15-10-2003 written by Syed Ali Abbas, father of the deceased lady, from Lahore to the S.H.O. Police Station Mobina Town, Karachi East, the incident was reported to police, who incorporated the letter as F.I.R. of the aforesaid incident on 17-10-2003. At the conclusion of the investigation the applicant was challaned for facing trial.
2. It has been contended on behalf of the applicant that the applicant is a serving Assistant Professor of Botany in D.J. Science College, Karachi. It is urged that the alleged incident is one of suicide and not murder. Learned counsel for the applicant during the hearing has referred before me various statements (pages 53 to 73) of the Court file, wherein the deceased lady is shown to have stated that the applicant is innocent. Another statement of Medical Officer, Dr. Ahsan Ali of Patel Hospital, Karachi is also referred, which shows that he (doctor) was informed by the deceased lady that she had herself set fire to herself. In yet another statement of S.-I. Nadeem Iqbal, it is disclosed that the deceased lady had declared her husband (applicant) being innocent. Learned counsel has lastly argued that the P.D.S.P. Investigation has in his remarks dated 8-12-2003 disclosed that there was no strong evidence beyond doubt to implicate the accused, but it was thought appropriate to submit the challan for a judicial verdict. Learned counsel lastly submitted that the case against the applicant would call for further enquiry as envisaged under section 497(2), Cr.P.C.
3. Mr. Habib Rasheed, learned counsel appearing on behalf of the State has not been able to controvert the above contentions and hence does not oppose the bail plea.
4. I have heard both the learned counsel and perused the relevant documents. The record of the prosecution file, in its tentative assessment, does not rule out the possibility of the case being one a: suicide. Thus, it is yet to be" determined at the time of trial when the evidence is recorded, whether the deceased died as a result of suicide or she was killed by setting fire to her by the applicant.
5. In such view of the matter, the provisions of section 497(2), Cr.P.C. are attracted. The applicant seems to be entitled to bail. He is therefore, allowed bail subject to his furnishing a solvent surety in the sum of Rs.2,00,000 (Rupees two lacs only) and P.R. Bond in the like amount to the satisfaction of the trial Court.
6. H.B.T./S-21/K Bail granted.
Cited by 3 cases
- ISRAR AHMED vs The STATE 2018 MLD 1142
- SHAFIQUE HUSSAIN vs STATE PLJ 2007 Cr.C. (Karachi) 172
- SHAFIQUE HUSSAIN vs THE STATE 2007 P Cr. L J 60