LAL DIN vs BASHIR AHMAD and 5 others
The petitioner sought leave to appeal against a High Court order granting bail to respondents Nos. 1 to 5, who were accused of the murder of Muhammad Aslam. The core legal question was whether the High Court correctly exercised its discretion in granting bail given the conflicting versions of the incident presented in two separate First Information Reports (F.I.R.). The petitioner's F.I.R. alleged a premeditated assault, while the respondents' version, supported by an earlier F.I.R. lodged by the prosecutrix, alleged that the deceased was killed following a provocation arising from an attempted rape. The Supreme Court upheld the High Court's decision, holding that the existence of two competing F.I.R.s, the earlier timing of the prosecutrix's report, and the corroborating medical evidence collectively established a case for further inquiry into the guilt of the accused. The key principle laid down is that where the prosecution's case is countered by a plausible, earlier-in-time version of events supported by medical evidence, the matter warrants further inquiry, thereby justifying the grant of bail pending trial.
- Does the existence of two conflicting First Information Reports regarding the same incident constitute grounds for further inquiry in bail proceedings?
- Is the timing of a First Information Report a relevant factor in determining the entitlement to bail?
- Can medical evidence corroborating an earlier-in-time First Information Report justify the grant of bail to the accused?
- Section 302, Pakistan Penal Code 1860
- Section 323, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
ORDER
1. ' SALEEM AKHTAR, J---The petitioner seeks leave to appeal against the order of the learned Judge in Chambers of the High Court whereby bail was granted to respondents Nos.1 to 5.
2. The petitioner had lodged F.I.R. On 3-6-1991 under section 302/323/147/148, P.P.C. Alleging murder of Muhammad Aslam by the respondents. It was stated in the F.I.R. That on 2-6-1991 at about noon time he sent his brother Aslam to the house of Bashir, his neighbour to bring Kassi. All of a sudden the complainant and the persons present there named in the F.I.R. Heard the cries of Aslam., They ran towards Bashir's house and saw that Bashir, Sarfraz, Younus, Amin and Muhammad Hussain armed with Sotas had caught hold of Aslam in their courtyard and were beating him with Sotas.
2. Due to injuries received Muhammad Aslam fell down and the accused dispersed. They therefore brought the injured to the hospital from where he was referred to General Hospital, Lahore, but he died there. For the motive, it was alleged that the accused suspected that Aslam had illicit relations with Saliman Bibi the daughter of Abdul Khaliq. However, prior to this F.I.R., Mst. Saliman Bibi had lodged an F.I.R. On 2-6-1991 at 8-25 p.m. Alleging that at about 12-00 noon when she was alone in the house, Aslam entered into the house and took her inside the room and forcibly committed rape. When she raised cries, her brother Bashir Ahmad and Muhammad Hussain reached there.
3. Due to sudden provocation on account of Ghairat, Bashir Ahmad caught hold of a Sota which was lying nearby and hit Aslam. Aslam, however, escaped and many persons, who had collected, saw him going out of the house. The learned Single Judge taking note of these facts, particularly that the incident occurred in the house of the prosecutrix and that she lodged the report prior in time to the F.I.R. Lodged by the petitioner, held that they constitute sufficient ground of further inquiry. The two reports put together and also the medical evidence which corroborates the statement of Mst.
4. Saliman Bibi and the venue of occurrence call for further inquiry in the matter. Petitoner's F.I.R. Was belated while the F.I.R. Lodged by Mst. Saliman Bibi was earlier in time and delay of few hours was explained by her. In these circumstances, we refuse to grant leave.