MUHAMMAD JAHANGIR vs THE STATE

This criminal petition arises from a request for post-arrest bail by the petitioner, who is nominated as an accused in F.I.R. No. 356 of 2000 registered at Police Station Mughalpura, Lahore, for offences under Section 302 and Section 34 of the Pakistan Penal Code 1860. The core legal question before the Court was whether the petitioner was entitled to the concession of bail given the allegations of his involvement in the murder and the evidence gathered during the investigation. The prosecution alleged that the petitioner fired shots hitting the deceased in the eye and below the neck. Although the petitioner argued that the Investigating Officer initially observed his absence from the scene, the Court noted that the complainant and other eyewitnesses consistently supported the prosecution's case. Furthermore, the medical evidence from the post-mortem report corroborated the specific injuries attributed to the petitioner. Consequently, the Court held that there were no sufficient grounds to grant bail. The principle laid down is that where credible eyewitness testimony and corroborative medical evidence exist, a petitioner accused of a capital offence is not entitled to bail.