NAZAR MUHAMMAD and anothers vs THE STATE
This is a bail application filed by two accused persons, Nazar Muhammad and Israr, seeking post-arrest bail in a case registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Garhi Yasin. The core legal question was whether the applicants were entitled to bail given the significant delay in lodging the First Information Report and the subsequent exoneration of the accused by the prosecution witnesses. The court observed that the First Information Report was lodged six days after the incident, and a Station Diary entry recorded shortly after the occurrence described the culprits as unknown persons, contradicting the later identification of the applicants. Furthermore, the court noted that the eye-witnesses had filed affidavits exonerating the applicants. Consequently, the State did not oppose the bail plea. The court held that the circumstances, particularly the delay and the conflicting versions of the incident, warranted the grant of bail, as the case required further inquiry. The applicants were ordered to be released upon furnishing the required surety bonds.
- Does a significant delay in lodging an FIR, combined with a contradictory initial Station Diary entry, constitute grounds for further inquiry in a bail application?
- Can bail be granted when prosecution witnesses file affidavits exonerating the accused and the State does not oppose the plea?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. Granted.
2. Applicants Nazar Muhammad and Israr have been arrested in a case registered at Police Station Garhi Yasin for an offence punishable under sections 302, 148, 149, P.P.C. On the basis of F.I.R. Lodged by Atta Muhammad, who happened to be one of the Chowkidars at the Fish Farm where the incident took place. According to F.I.R., complainant Atta Muhammad, deceased Imamuddin and P.
Ws. Ali Akbar and Deedar the ChowWars were present on their duty when at about 12-00 midnight on 16-10-2002 they heard noise of throwing nets in the Fish Farm and on flashing their torches they identified the culprits to be Nazar Muhammad, Mukhtiar, Israr and Ameen and two unidentified persons. Out of them applicants Nazar Muhammad and Israr were armed with guns. Ameen had country-made pistol and the rest had Lathis. It is alleged in the F.I.R. That on being challenged the culprits fired from their fire-arms at the complainant party which hit Imamuddin and then the assailants ran away. The complainant took the injured to Police Station Garhi Yasin and after obtaining a letter for medical treatment proceeded to hospital. He lodged F.I.R. On 6th day i,e, on 12-10-2002.
' I have heard learned counsel for the applicants and learned Assistant Advocate-General for the State.
' Learned counsel for the applicants invited my attention to Entry No,33 in the Station Diary of Police Station Garhi Yasin recorded on 7-10-2002 at 01-35 hours. The complainant has stated therein that 2/3 unknown persons while catching fish from the Farm were detected and they fired from their fire-arms causing injuries to Imamuddin. In view of this entry of Station Diary learned counsel for the applicants urged that six days delay in lodging the F.I.R. Makes out a case of further enquiry as far allegations against the applicants are concerned. He further relied on the affidavits sworn by eye-witnesses Atta Muhammad, Deedar and Ali Akbar who have exonerated the applicants. In this view of the matter, the learned Assistant Advocate-General submitted that this being a case of two versions he would not oppose the bail plea.
' In the circumstances discussed above, the application is allowed. The applicants be released on furnishing one surety each in the sum of Rs, 300,000 and executing P.R. Bond in the like amount to the satisfaction of the trial Court.