-Post-arrest bail, grant of--Further inquiry--Allegation of--Petitioner with co-accused armed with deadly weapons perpetrated murder--Role of causing a firearm injury to deceased with his pistol on right thigh--

 PLJ 2022 Cr.C. 547

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302 & 34--Post-arrest bail, grant of--Further inquiry--Allegation of--Petitioner with co-accused armed with deadly weapons perpetrated murder--Role of causing a firearm injury to deceased with his pistol on right thigh--Perusal of post-mortem examination report transpires that while giving description of Injuries No. 1 to 4 Medical Officer has mentioned them as fire-arm injuries while it is not so mentioned about Injury No. 5--Similarly, in column of opinion Medical Officer has declared Injuries No. 1 to 4 as ante mortem in nature--No such opinion with regard to Injury No. 5 specifically assigned to petitioner is available there--Admittedly, Injury No. 5 is not cause of death--During up-to-date investigation petitioner has not been found connected with alleged offence because of which no crime weapon could be recovered at his instance--These circumstances make case of petitioner one of further inquiry into his guilt entitling him to grant of post arrest bail under Section 497 sub section (2), Cr.P.C--Petitioner is behind bars since his arrest--Petition is allowed.    [P. 548] A

Mr. Sajjad Hussain Tarar, Advocate for Petitioner.

Mr. Tariq Mehmood Bajwa, Advocate for Complainant.

Mr. Nisar Ahmad Virk, Deputy Prosecutor General for State.

Date of hearing: 24.5.2021.

 PLJ 2022 Cr.C. 547
[Lahore High Court, Lahore]
Present: Syed Shahbaz Ali Rizvi, J.
TANVEER AHMAD--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 20166-B of 2021, decided on 24.5.2021.

Order

Through this petition, Tanveer Ahmad, petitioner seeks post arrest bail in case F.I.R. No. 187 dated 25.12.2020, registered for offence under Sections 302 & 34 of Pakistan Penal Code, 1860, at Police Station Bhagat, District Mandi Bahauddin.

2. Briefly, the allegation against the petitioner is that he along with co-accused while armed with deadly weapons perpetrated the murder of Iftikhar (deceased), father of the complainant.

3. Heard. Record perused.

4. The petitioner has been assigned the role of causing a firearm injury to the deceased with his pistol on right thigh. Perusal of the post-mortem examination report transpires that while giving description of Injuries No. 1 to 4 the Medical Officer has mentioned them as firearm injuries while it is not so mentioned about Injury No. 5. Similarly, in the column of opinion the Medical Officer has declared Injuries No. l to 4 as ante mortem in nature. No such opinion with regard to Injury No. 5 specifically assigned to the petitioner is available there. Admittedly, Injury No. 5 is not the cause of death. During the up-to-date investigation the petitioner has not been found connected with the alleged offence because of which no crime weapon could be recovered at his instance. These circumstances make the case of the petitioner one of further inquiry into his guilt entitling him to the grant of post arrest bail under Section 497 sub section (2), Cr.P.C. The petitioner is behind the bars since his arrest on 12.01.2021. Hence, the instant petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 500,000/- with two sureties each in the like amount, to the satisfaction of the learned trial Court. However, it is made clear that observations given supra being tentative in nature are meant to deal with the petition in hand only.

(A.A.K.)          Bail allowed