MUHAMM AD YOUNAS vs THE STATE
The petitioner Muhammad Younas sought post-arrest bail in case F.I.R. No. 205 dated 2-8-2003 registered under Section 302 read with Section 34 of the Pakistan Penal Code at Police Station Salliwal, District Faisalabad, for the alleged Qatl-i-Amd of the deceased Azhar Hussain. The core legal question was whether the petitioner made out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure given that he was found innocent during police investigations and placed in Column No. 2 of the challan report, with no specific injury or recovery attributed to him. The Lahore High Court accepted the petition and admitted the petitioner to post-arrest bail. The court held that where an accused is found innocent during successive investigations, placed in Column No. 2, and no recovery or overt act involving fatal injury is attributed apart from dragging, the case falls within the ambit of further inquiry under subsection (2) of Section 497 of the Code of Criminal Procedure, warranting the grant of bail.
- Whether an accused found innocent during police investigation and placed in Column No. 2 of the challan report is entitled to post-arrest bail?
- Does the absence of any recovery and specific fatal injury attribution bring a case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is an accused entitled to bail when the sole allegation is dragging without inflicting fatal injuries?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Petitioner Muhammad Younas through the instant petition has sought for after-arrest bail in case F.I.R. No.205, dated 2-8-2003 under section 302 read with section 34, P.P.C. Registered with Police Station Salliwal, District Faisalabad.
2. Briefly the prosecution case as per F.I.R. Is that on 2-8-2003 at about 4/5 a.m. Muhammad Nawaz, Muhammad Hussain, Muhammad Younas and Muhammad Mushtaq alongwith two unknown persons had dragged Azhar Hussain, the cousin of the complainant to the house of Muhammad Younas and there they committed his Qatli-Amd. The motive behind the occurrence is that Muhammad Younas had suspicion of illicit relation between the deceased and his wife Mst.
Farzana.
3. It has been contended on his behalf that he has falsely been roped in; that he in the four successive investigations has been found to be innocent and so his name was placed in Column No.2 of the challan report; that there is no incriminating evidence available on the record against him; and that nothing was recovered from him; and that he is behind the bars and previous non- convict.
4. .Conversely, the learned State Counsel has opposed the petition. He, however, has conceded that the petitioner has been found innocent during the investigations and his name has been placed in Column No.2 of the challan report.
5. I have carefully considered the submissions made from both the sides with the help of available record.
6. The only allegation against the petitioner is that he and his co-accused Muhammad Mushtaq had put cloth around the neck of the deceased and had dragged him to his house. He as per the F.I.R., except dragging the deceased, had done nothing else in the matter. In the same no injury to the deceased is ascribed to him.
7. Admittedly, no recovery was effected from him and he was found innocent during the investigation and his name placed in Column No.2 of the challan report.
8. In view of this position, the case against him calls for further inquiry into his guilt. The same, therefore, is covered under subsection (2) of section 497, Cr P.'S.;
9. He is stated to be behind the bars and previous non-convict. The same has not been controverted by the other side.
10. In these circumstances, I accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.