MAQSOOD JAVED vs THE STATE
This matter concerns a petition for post-arrest bail filed by Maqsood Javed, who was accused in F.I.R. No. 470 of 2000 registered under Section 302/34 of the Pakistan Penal Code 1860 at Police Station Thikriwala, Faisalabad. The complainant alleged that the petitioner and an unidentified accomplice murdered Muhammad Ilyas, citing a long-standing family feud as the motive. The core legal question before the Court was whether the petitioner was entitled to bail given the conflicting findings of the police investigation. Upon reviewing the record, the Court noted that the police investigation had found the petitioner innocent and recommended his discharge from the case, while the co-accused remained untraced. Consequently, the Court held that the petitioner's case fell within the scope of further inquiry. The Court granted the post-arrest bail, emphasizing that where the investigation results in a finding of innocence and a recommendation for discharge, the accused is entitled to the benefit of further inquiry under the relevant provisions of the Code of Criminal Procedure 1898.
- Does a police investigation report finding an accused innocent constitute sufficient grounds to treat a case as one of further inquiry for the purpose of bail?
- Is an accused entitled to bail when the police have recommended his discharge from the case during the investigation?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Criminal case F.I.R. No,470, dated 13-9-2000 was registered at Police Station Thikriwala, Faisalabad, under section 302/34, P.P.C. On the report of Asghar Ali. According to complainant, he was returning from Imam Bargah to their village alongwith Muhammad Ilyas and others. When they reached near a field having cotton crop belonging to Mehmood a co-villager, Maqsood, petitioner armed with pistol and an unknown person also armed with pistol emerged out of the cotton crop. The petitioner shouted whereafter his companion fired at Muhammad Ilyas, who fell down. Maqsood Javed, petitioner also fired twice at Muhammad Ilyas. The complainant and the P.Ws. Were also statingly threatened by the accused.
' The motive for the incident was stated to be that Murad Ali, father of the complainant was murdered about 44/45 years back by grandfather of Maqsood Javed and due to that grievance, he had murdered Muhammad Ilyas.
2. Petitioner was arrested and seeks post-arrest bail in the matter.
3. Learned counsel for the parties have been heard and record seen.
4. The petitioner was found innocent during the investigation conducted and the police recommended for discharge of the accused from the case. The co-accused of the petitioner was not even traced by the police in the course of investigation. The case of the petitioner on account of result of investigation is considered to be that of further inquiry.
5. The petitioner is allowed bail in the sum of rupees one lac with two sureties in the like amount to the satisfaction of trial Court.
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