GULZAR AHMED vs THE STATE
The petitioner sought leave to appeal against the Lahore High Court's order dismissing his post-arrest bail application in a criminal case involving charges under sections 148, 302, and 379/149 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioner, along with others, fired at the deceased, causing multiple injuries. The petitioner contended that there was a significant discrepancy between the number of injuries alleged in the F.I.R. and those recorded in the post-mortem report. Furthermore, the petitioner argued that the injury attributed to him was simple in nature and that he had been declared innocent in multiple police investigations, resulting in his placement in column No. 2 of the challan. The Supreme Court found merit in these submissions, noting that the material on record supported the petitioner's claims regarding the investigation findings and the discrepancy in the medical evidence. Consequently, the Court converted the petition into an appeal, allowed it, and granted bail to the petitioner subject to furnishing security.
- Does the placement of an accused in column No. 2 of the challan constitute a valid ground for the grant of bail?
- Can discrepancies between the F.I.R. allegations and the post-mortem report justify the grant of bail?
- Is bail appropriate when an accused has been found innocent in multiple police investigations?
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
' MUHAMMAD RAFIQ TARAR, J.---Gulzar Ahmad petitioner seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 30-11-1993 whereby his bail application in a case under sections 148, 302 and 379/149 of the P.P.C. Was dismissed.
2. The F.I.R. Version was that on 30-9-1992 at about 12-30 noon Muhammad Tufail fired twice at Munir Ahmad deceased hitting his back as a result of which he fell down. Then Abdul Karim fired at him hitting his back. In the meantime Bashir Ahmad, Muhammad Akram, Abdul Hamid, Sardar and Guizar Ahmad petitioner herein armed with revolvers came in a car. Bashir Ahmad fired at the deceased hitting his right arm-pit. Muhammad Akram fired at him hitting his abdomen, Sardar fired hitting his thigh, Abdul Hamid fired twice hitting his testis and Gulzar Ahmad fired a shot hitting his left hip.
3. Learned counsel for the petitioner contends that according to the F.I.R. The deceased suffered 10 fire-arm injuries but the post-mortem report shows that there were only 6; the injury attributed to the petitioner was simple in nature and he was found innocent in more than one investigations including the last one and wns placed in column No, 2 of the challan. The learned counsel for the complainant has opposed the prayer for bail.
4. The material available on the record lends support to the submissions made by the learned counsel for the petitioner. We, therefore, convert this petition into an appeal and allow it. The appellant shall be released on bail subject to his furnishing security in the sum of Rs,25,000 with two sureties in the like amount to the satisfaction of A.C., Faisalabad.
Cited by 4 cases
- MUHAMMAD ASLAM Versus State 2010 PCrLJ 914
- JAVAID IQBAL Versus THE STATE 2004 PCRLJ 87
- SYED IKHLAQ HUSSAIN SHAH Versus THE STATE 1997 PCRLJ 610
- GHULAM RASOOL Versus THE STATE 2001 PCRLJ 196