FARYAD MASIH alias PHAJU vs THE STATE
This matter arises from a post-arrest bail petition filed by the petitioner seeking release in a criminal case registered under sections 337-A(i), 337-A(ii), 337-F(i), 337-F(ii), 324, 427, 148, and 149 of the Pakistan Penal Code 1860, with section 302 subsequently added upon the death of the injured. The core legal question concerns whether the petitioner, who was initially empty-handed, found innocent during multiple police investigations, and had no recovery effected from him, is entitled to post-arrest bail. The Lahore High Court held that the case against the petitioner called for further inquiry into his guilt. The court reasoned that no specific injury was attributed to the petitioner in the F.I.R. regarding the deceased, he was found innocent during investigations, and his continued incarceration would serve no useful purpose, while the question of vicarious liability and sharing a common object remains for the trial court to determine. The court laid down the principle that where an accused is found innocent during investigation and no recovery is effected, the case falls within the purview of further inquiry under section 497(2) of the Code of Criminal Procedure 1898, warranting the grant of post-arrest bail.
- Whether an accused found innocent during multiple police investigations is entitled to post-arrest bail?
- Does a case call for further inquiry under section 497(2) of the Code of Criminal Procedure 1898 when no recovery is effected from the petitioner and no specific fatal injury is attributed to him?
- Whether the question of sharing a common object and vicarious liability should be determined at the trial stage rather than at the bail stage?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Through this petition F.aryad Masih alias Phaju petitioner has sought post-arrestbail in case F.I.R.
No,657 registered at Police Station Satellite Town, Gujranwala on 25-12-2001 for offences under sections 337/A(i)/337-A(ii)/337F(i)/337-F(ii)/324/427/ 148/149. P.P.C. Subsequently,on account of death of Shehzad deceased section 302, P.P.C. was added to the F.I.R.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that according to the F.I.R. the present petitioner was empty-handed during the occurrence but during the investigation Samuel Masih P.W. had made a statement to the effect that the present petitioner had caused a brick blow on Samuel P.W.'s head. It is admitted at all hands that the present petitioner had not caused any injury to Shehzad deceased and in the F.I.R. no specific injury to any of the injured persons had been attributed to the present petitioner. The narration of the incident contained in the I F.I.R. further shows that the petitioner was not initially present at the spot when Shehzad deceased was given injuries by the petitioner's co-accused but the petitioner had statedly emerged at the spot after the main incident was already over and after Shehzad deceased had already received his injuries at the hands of the petitioner's co-accused.
The learned counsel for the State as well as the police officer present with the record have confirmed the fact that during all the three investigations conducted in this case the present petitioner had been found to be innocent and also that during the investigation A no recovery of any sort had been effected from the petitioner. The investigation to the extent of the present petitioner has already been finalised and concluded and, thus, continued custody of the petitioner-in jail is not likely to serve any beneficial purpose at this stage. The question regarding sharing of common object by the petitioner with his co-accused as also the question regarding his vicarious liability for the offences allegedly committed by his co-accused shall be gone into by the learned trial Court at the time of the trial.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is. therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court: