MUHAMMAD YOUSAF and others vs THE STATE
This matter concerns a petition for post-arrest bail filed by Muhammad Yousaf, Ahmad Yar, and Zulfiqar, who were accused in a case registered under Section 302/34 of the Pakistan Penal Code 1860. The core legal question was whether, given the evidentiary circumstances, there existed reasonable grounds to believe the petitioners were guilty of an offence punishable by death or life imprisonment, or if the case warranted further inquiry under the bail provisions of the Code of Criminal Procedure 1898. The Court observed that the petitioners were not named in the initial First Information Report, the deceased had not identified them, their names were introduced later via a statement based on an alleged extra-judicial confession, no recoveries were made, and they were declared innocent in two successive police investigations. Holding that these factors created a case of further inquiry, the Court granted bail. The key principle laid down is that where the prosecution case lacks direct evidence, relies on delayed naming of accused, and where investigations have found the accused innocent, the matter falls within the scope of further inquiry, entitling the accused to bail.
- Does the fact that an accused was found innocent in successive police investigations entitle them to bail?
- When does a criminal case fall within the scope of 'further inquiry' under Section 497(2) of the Code of Criminal Procedure 1898?
- Is bail appropriate where the accused were not named in the initial First Information Report and no recoveries were made from them?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
ORDER
' Muhammad Yousaf, aged above 32 years Ahmad Yar, aged about 50 years and Zulfiqar aged about 40 years, petitioners, were arrested on the 1st of August, 1998, in pursuance of a case registered against them vide F.I.R. No,670 of 1998, dated 10th of July, 1998, under section 302/34, P.P.C. At Police Station Model Town, Gujranwala, regarding an occurrence which allegedly took place during the night between 9th and 10th of August, 1998, in the area of National Savings Centre, Model Town, Gujranwala which is at a distance of one kilometre from the police station where the F.I.R. Was lodged on the 10th July, 1998 at 6-50 a.m. By Abdul Razzaq complainant/injured under section 324, P.P.C. But after his death section 302, P.P.C. Was added.
2. Admittedly the petitioners are not named in the F.I.R.; the deceased' did not mention the names of the petitioners nor any other person as accused; the names of the petitioners were first time brought by Fateh Sher, brother of the deceased on the 16th of July, 1998, in his statement recorded under section 161, Cr.P.C. On the basis of extra-judicial confession; no recovery whatsoever has been effected from the petitioners and the petitioners have been found "innocent" by two successive investigations. In these circumstances reasonable grounds to believe that the petitioners are guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years do not seem to exist. Prima facie, the case against the petitioners may be a matter of further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. Which entitles them to the grant of bail.
3. Resultantly, the petitioners are admitted to bail provided they furnish bail bonds in the sum of Rs,50,000 (Rs, fifty thousand) each with two sureties each in the like amount to the satisfaction of the trial Court.
Cited by 1 case
- ZAHID HUSSAIN vs ABDUR RASHEED and 4 others 2012 P Cr. L J 47