2026 MLD 97

Junaid Versus State

Citation2026 MLD 97

CourtLahore High Court

Judge(s)Muhammad Jawad Zafar

Order

Muhammad Jawad Zafar, J .--- Through this petition, filed under Section 497 of the Code of Criminal Procedure 1898 ( Cr.P.C or Code ), the petitioner, namely, Junaid, seeks post arrest bail in crime report bearing FIR No. 1727/2024, dated 11.12.2024, for offences under Sections 302, 324, 452, 436, 109, 148, 149 of the Pakistan Penal Code, 1860 ( P.P.C. ), registered with the Police Station Zafarwal, District Narowal ( Crime Report or FIR ).

2. Heard. Record perused.

3. It is noticed that the petitioner is nominated in the FIR with specific role of causing firearm injury below the right chest of Hajran Bibi deceased. During the course of investigation, the petitioner claimed a specific plea that he only tried to rescue the children and had not participated in the occurrence. This version of the petitioner was also verified by the Investigating Officer in its findings incorporated in daily case diary No. 37 dated 28.05.2025, leading to the conclusion that the petitioner did not participate in the crime, therefore, the petitioner s case becomes one requiring further inquiry into his alleged guilt. ^[1] Furthermore, considering the outcomes to the investigations, the petitioner s case presents two conflicting versions; one stated by the complainant in the FIR, and the other revealed by the Investigating Officer. Which version is correct is a matter to be determined by the learned trial Court after recording the evidence. Reliance is placed on the cases titled Ehsan Ullah v. The State (2012 SCMR 1137), Saif Ullah v. The State and others (2019 SCMR 1458), Najeeb Ullah v. The State and another (2020 SCMR 1241) and Muhammad Ramzan v. The State and others (2021 SCMR 1914).

4. Apart from the above, the crime empties which were secured from the crime scene were found shot from one crime weapon which does not belong to the petitioner. The principal perpetrator of the crime committed suicide at the crime scene. Nothing as recovered upon the disclosure of the petitioner. Investigation has been completed and the petitioner is no more required for the purpose of any further investigation. The petitioner was arrested on 18.05.2025 and has been in custody since, without significant progress in the trial.

5. For what has been discussed above, the case of the petitioner falls within the ambit of subsection (2) of section 497 of Cr.P.C for further inquiry into his guilt. The petitioner is behind the bars and is no more required for further investigation. Resultantly, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of PKR.1,000,000/- (Rupees One Million Only) with one surety in the like amount to the satisfaction of learned trial court. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial court.

JK/J-14/L Petition allowed.

1. See Saeed Ahmed and another v. The State (PLD 2024 SC 1241); Chaudhry Nadeem Sultan v. The State (2022 SCMR 663) and Sharif Khan v. The State and another (2021 SCMR 87)