MUHAMMAD MANSHA and anothers vs THE STATE
This criminal petition involves an application for post-arrest bail filed by two petitioners, Muhammad Mansha and Muhammad Ashfaq, in connection with F.I.R. No. 154 registered at Police Station Faizabad, District Sheikhupura, for offences under sections 324, 148, and 149 of the Pakistan Penal Code 1860. At the outset, the petition was dismissed as not pressed regarding the first petitioner, Muhammad Mansha. The core legal question concerned whether the second petitioner, Muhammad Ashfaq, was entitled to bail given the evidentiary record. The Court observed that while the F.I.R. alleged the petitioner caused a firearm injury, the medical evidence contradicted this, describing the injury as an exit wound. Additionally, the Court noted that multiple investigations had declared the petitioner innocent, and the challan had already been submitted, rendering further physical custody unnecessary. Consequently, the Court held that the petitioner’s case warranted further inquiry into his guilt. The petition was allowed, and the petitioner was admitted to bail, establishing the principle that discrepancies between ocular and medical evidence, alongside findings of innocence by investigating officers, constitute grounds for further inquiry under section 497(2) of the Code of Criminal Procedure 1898.
- Does a discrepancy between the F.I.R. allegation and medical evidence regarding the nature of a wound constitute grounds for further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Is a petitioner entitled to bail when multiple investigations have declared them innocent and the challan has been submitted?
- Can bail be granted when the continued physical custody of an accused is no longer required for investigation purposes?
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' At the outset the learned counsel for the petitioners has stated that he does not press the present petition for the time being to the extent of Muhammad Mansha petitioner No,1 . This petition is, therefore, dismissed having not been pressed at this stage to the extent of Muhammad Mansha petitioner No,l.
2. Through this petition Muhammad Ashfaq petitioner has sought post-arrest bail in case F.I.R.
No,154 registered at Police Station Faizabad, District Sheikhupura on 6-8-2001 for offences under sections 324/148/149, P.P.C.
3. After hearing the learned counsel for the parties and going through the record it has been noticed that according to the F.I.R. Muhammad Ashfaq petitioner stands saddled with the responsibility of causing a fire-arm injury on the abdomen of Muhammad Aslam P.W. The medical evidence , however, does not provide support to the said allegation against Muhammad Ashfaq petitioner inasmuch as the fire-arm injury depicted by the medico-legal certificate on the of Muhammad Aslant P.W. Has been described by the doctor to be an exit wound. It is also available on the record that many investigations have been conducted in this case and some of the Investigating Officers had found Muhammad Ashfaq petitioner to be innocent. The challan in this case has already been submitted after completion of investigation and, thus, continued physical custody of this petitioner is no longer required for the purposes of investigation.
4. For what has 13 en discussed above the case against Muhammad Ashfaq 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 to the extent of Muhammad Ashfaq petitioner and he 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.