Hafiz MUHAMMAD ASHRAF vs THE STATE
This matter concerns a petition for the confirmation of interim pre-arrest bail in a criminal case involving allegations of assault and house trespass. The core legal question was whether the petitioner was entitled to bail given the discrepancies between the First Information Report (F.I.R.) and the medical evidence, specifically regarding the injuries sustained by the parties involved. The Court held that the petitioner was entitled to confirmation of bail. The ratio of the decision rests on the fact that the prosecution failed to explain the injuries sustained by the petitioner, which were documented in a medical report, and that the medical evidence did not support the prosecution's narrative regarding the injuries allegedly inflicted upon the complainant's family members. The key principle laid down is that where the prosecution suppresses the injuries sustained by the accused and the medical evidence contradicts the version of events narrated in the F.I.R., the case against the accused becomes a matter of further inquiry, thereby justifying the grant or confirmation of bail.
- Does the failure of the prosecution to explain injuries sustained by the accused in the F.I.R. constitute grounds for further inquiry in bail matters?
- Can bail be confirmed when the medical evidence contradicts the prosecution's version of the occurrence?
ORDER
According to the prosecution allegations on 14-10-2003 at about 2-00 p.m. While Muhammad Aslam complainant was passing through this lane the petitioner alongwith his co-accused Naveed being inebriated were present in the lane and were.Pestering the passersby and they also abused the complainant and attempted to of grapple with him. The complainant then proceeded to inform about the said incident to his uncle and in the meanwhile, the petitioner alongwith his co-accused being armed with fire-arm, entered the house of the complainant and caused injuries with stick and fists to Mst. Rasoolan Bibi mother and Mst. Fazilat Bibi wife of the complainant.
2. According to Medico-legal report, only Mst. Rasoolan Bibi had been injured and she received only one abrasion 1 c.m. x 1/2 c.Ra, on the bridge of nose which is skin deep and then she complained of pain in the little finger of left hand.
3. It is contended on behalf of the complainant that in fact the complainant party had brawl with the petitioner and caused him injuries and to set up a defence a false case had been lodged against the petitioner. Learned counsel for the petitioner has produced copy of Medico-legal report, whereby, the petitioner had sustained four injuries on his person.
4. The injuries sustained by the petitioner in the occurrence have not been explained in the F.I.R. In case, the petitioner and his co-accused had inflicted injuries on the person of Mst. Rasoolan Bibi and Mst. Fazilat Bibi with sticks and fists, then only one abrasion would not have been caused and the said P.Ws. Would have sustained injuries of graver nature. Mst. Fazilat Bibi had not sustained any injury at all in the occurrence. The story as narrated in the F.I.R., thus does not find support from the medical evidence and does not appear or "le whole truth. The complainant sick: nas Aso suppressed the injuries of the petitioner which are graver than those suffered by the complainant side. Therefore, the case of the petitioner and the facts alleged in the occurrence are a matter of further inquiry.
5. The interim bail already allowed to the petitioner is confirmed.
Interim .
Cited by 1 case
- NAWAZ HUSSAIN vs The STATE 2018 MLD 1552