NASIR MEHMOOD vs MUHAMMAD TARIQ AYUB and another
This matter arises from a criminal petition seeking the cancellation of bail granted to respondent No. 1 in relation to F.I.R. No. 322 of 1998 registered under sections 302/34/109 of the Pakistan Penal Code 1860 at Police Station Sargodha Road, Faisalabad. The core legal question concerns whether bail was improperly granted to the principal accused who was attributed the fatal shot, found guilty in successive police investigations, and from whom the matching crime weapon was recovered. The Lahore High Court held that since the accused was prima facie connected to an offence falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 and reasonable grounds existed linking him to the crime, the bail granted by the lower court was unjustified. The court laid down the principle that where an accused is charged with a capital crime, attributed the fatal injury, and supported by consistent police investigations and weapon recovery, bail ought not to be granted.
- Whether bail can be cancelled when the accused is charged with an offence falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is bail properly granted to a principal accused who is attributed the fatal shot and found guilty in successive police investigations?
- Does the recovery of a matching crime weapon from the accused constitute reasonable grounds to refuse or cancel bail in a murder case?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Despite the undertaking by the learned counsel, the respondent No,1, has not appeared. He is proceeded ex parte and the request for an adjournment made by the learned counsel (Mr. Muhammad Zubair Khalid, Advocate) is disallowed.
2. The learned counsel for the petitioner seeks the cancellation of to the respondent No,1, in case F.I.R. No,322 of 1998, dated 20-5-1998 under sections 302/34/109, P.P.C. Registered at Police Station Sargodha Road, Faisalabad. The learned counsel for the petitioner/complainant argued that the respondent No,1, was the principal accused, who had fired the fatal shot on the deceased Shahid Mehmood. He was found guilty in all four police investigations. Recovery of crime weapon i.e, .30 bore pistol was effected from the respondent No,1, which matched with empties recovered from the spot. The bail of the petitioner was repeatedly dismissed and granted without any valid grounds.
The learned counsel for the State also submitted that the fatal shot was attributed to respondent No,1.
3. I have heard the learned counsel for the parties at some length.
4. The respondent No,1 was found guilty during successive police investigations. The recovery of weapon was also effected from him. He is alleged to have caused the fatal injury on the person of the deceased from his pistol. Prima facie there are reasonable grounds to believe that the respondent No,1, was guilty of the offence falling within the prohibition of section 497, Cr.P.C.
5. For the foregoing reasons, this petition for the cancellation of bail is allowed and the vide order dated 18-8-1999, passed by the learned Additional Sessions Judge, Faisalabad is hereby cancelled.
Bail cancelled.