PLJ 2024 Cr.C. (Note) 30
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
MUHAMMAD SAJID--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 6367-B of 2022, decided on 11.10.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/380/381-A/ 448/ 511/337-A(i)/337-L(ii)/109/148/149--Delay in recording statements of PW’s--Medical evidence--Co-accused declared innocent in investigation--post arrest bail--grant of--Petitioner was under allegation of causing pistol butt blow on head of deceased--Presence of hematoma of 3cm x 3cm on left side of skull is mentioned in postmortem report--Two injured witnesses of FIR did not prefer to make statement immediately rather it took fifteen days to put their stance--Accused persons who were responsible for causing injuries to such injured witnesses were found innocent during investigation--It cannot be ascertained with certainty that such injury was caused with butt blow and at most it could be regard as an accident--Criminal liability of petitioner shall finally be determined after recording of evidence--Complainant later filed a private complaint in which proceedings are being taken up by Trial Court--Bail allowed. [Para 4] A & B
2021 SCMR 63 ref.
Khawaja Qaisar Butt, Advocate for Petitioner.
Miss. Asmat Parveen, DDPP for State.
Mr. Muhammad Zia Ullah Khalid Basra, Advocate for Complainant.
Date of hearing: 11.10.2022.
Order
Through this petition under Section 497, Cr.P.C., petitioner Mohammad Sajid has sought post arrest bail in case FIR No. 187 dated 10.05.2021 registered under Sections 302/380/381-A/448/511/411/ 337A(i)/337L(2)/109/148/149, PPC at Police Station Nawan Shehr, District Khanewal.
2. Allegation against the petitioner is that he along with his co-accused in prosecution of their common object, committed Qatl-i-Amd of Zulfiqar, father of the complainant. Hence, this FIR
3. Heard. Record perused.
4. Petitioner was under the allegation of causing pistol butt blow on the head of Zulfiqar, father of the complainant. Three other accused have also participated in the occurrence. Learned counsel for the petitioner contends that there is no apparent injury on the head of the deceased which was controverted by learned Deputy District Public Prosecutor assisted by learned counsel for the complainant by reading the Post-mortem report where presence of hematoma of 3cm x 3cm on the left side of skull is mentioned. Learned counsel for the petitioner states that two injured witnesses, namely, Tahir Abbas and Samar Abbas in this FIR did not prefer to make statement immediately rather it took fifteen days to put their stance and the accused persons who were responsible for causing injuries to such injured witnesses were found innocent during the investigation. Learned counsel for the petitioner states that the scene of story as set out depicts an hustle bustle at the spot, therefore, it cannot be ascertained with certainty that such injury was caused with butt blow and at the most it could be regarded as an accident, therefore criminal liability of the petitioner shall finally be determined after recording of evidence. Petitioner is behind the bars since 14.06.2021. Trial has also not been completed and even complainant later filed a private complaint in which proceedings are being taken up by the learned trial Court. In such situation sufficient vent and space is available to the petitioner to seek the bail on the touchstone of further inquiry. All these facts, prima-facie, calls the case of present petitioner for further inquiry falling under the ambit of sub-section (2) of Section 497, Cr.P.C. The Hon’ble Supreme Court of Pakistan in the case “Jahanzeb and Others versus State through A.G. Khyber Pakhtunkhwa Peshawar and another” (2021 SCMR 63), with reference to Section 497, Cr.P.C., has held as under:
“Perusal of the aforesaid provision reveals the intent of the legislature disclosing pre-condition to establish the word “guilt” against whom accusation is levelled has to be established on the basis of reasonable ground, however, if there exists any possibility to have a second view of the material available on the record then the case advanced against whom allegation is levelled is entitled for the relief in the spirit of Section 497(2), CPC”
5. In view of what has been discussed above, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 200,000/-with one surety in the like amount to the satisfaction of the trial Court.
(M.A.B.) Petition allowed
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