PLJ 2024 Cr.C. (Note) 238
[Lahore High Court, Lahore]
Present: Muhammad Waheed Khan, J.
MUHAMMAD USMAN--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 2230-B of 2023, decided on 28.2.2023.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 365, 302, 148, 149 & 201--Post-arrest bail, grant of--Further inquiry--Allegation of abduction--Physical custody of petitioner is no more required--Although he was found present at crime scene when co-accused SHO was allegedly giving severe beating to deceased but he did not cause any injury on his person--Law Officer while going through case Diary No. 24 also verified this aspect of case--When confronted, counsel for complainant has conceded that complainant has not challenged findings of Police qua culpability of petitioner at any higher forum of Police hierarchy--According to prosecution case, injured was taken to Tehsil Headquarters Hospital (T.H.Q), by complainant and PWs but on account of his precarious condition was referred to District Headquarters Hospital (D.H.Q), and succumbed to wounds in way to hospital but perusal of record reveals that no Medico Legal Certificate (MLC) or any other document is available on record in this regard--Case of petitioners calls further inquiry into their guilt--Petition allowed.
[Para 4 & 5] A, B & C
Mr. Muhammad Ahsan Bhoon, Advocate for Petitioner (in Crl. Misc. No. 5212/B/2023).
Mr. Sarfraz Khan Gondal, Advocate for Petitioner (in Crl. Misc. No. 2230/Β/2023).
Mr. Muhammad Naveed Umer, D.P.G for Respondent.
Mr. Habib Ullah Bhatti, Advocate for Complainant.
Date of hearing 28.2.2023.
Order
By this single order, I would like to decide the instant petition filed by petitioner Muhammad Usman & Crl. Misc. No. 5212/B/2023 filed by petitioner Ijaz Mumtaz, as both having failed to get post arrest bail in case FIR No. 754 dated 17.10.2022 under Sections 365/302/148/149/201, PPC registered with Police Station City Bhalwal, District Sargodha, from the Court of learned Addl. Sessions Judge, Bhalwal vide order dated 24.12.2022, have prayed the same relief through the instant petition.
2. Succinctly the case of the prosecution as set forth in the First Information Report (F.I.R) is that in the intervening night of 12/13.10.2022 at about 03:00 a.m (night), some of the Police officials including petitioner Ijaz Mumtaz entered into the house of complainant and forcibly abducted Azhar Iqbal, nephew of the complainant and took him to Police Station. On 16.10.2022 at about 08:45 p.m, complainant alongwith PWs namely Zafar Iqbal and Akhtar Mehmood, went to Police Station, Saddar Bhalwal, they heard hue and cry of Abductee Azhar Iqbal and witnessed that in one room, Saeed constable was getting hold the legs of Azhar Iqbal, whereas, Farooq Latif SHO was severely torturing him with the club (سوٹا) whereas, petitioner Ijaz Mumtaz also gave him beating and thereafter, threw him out in precarious condition. Said Azhar Iqbal, alleged abductee/ deceased was firstly, taken to Tehsil Headquarters Hospital (T.H.Q), Bhalwal by the complainant and PWs who was referred to District Headquarters Hospital (D.H.Q), Sargodha who succumbed to the wounds in the way to hospital, in the area of Chak No. 2, falling within the territorial limits of above said Police Station, hence, this case.
3. Pro and contra arguments have been heard and record perused.
4. Firstly, I intend to discuss the case of petitioner Ijaz Mumtaz. There is no denial of the fact that he is nominated in the F.I.R with the accusation that he was amongst the Police officials who allegedly raided at the house of the complainant and took his nephew Azhar Iqbal, (deceased) to Police Station. Thereafter, when on 16.10.2022, complainant and PWs reached the Police Station, they had seen that co-accused Latif Farooq SHO, was giving severe beating to him and the present petitioner Ijaz Mumtaz was also torturing him as a result of which said Azhar Iqbal died. On going through the Post Mortem Examination Report (PMR) annexed with the petition, I have noticed that Medical Officer during autopsy observed as many as thirteen marks of abrasions or contusions on his person. Petitioner Ijaz Mumtaz was arrested by the Police on 28.10.2022 and during his physical remand nothing incriminating has been recovered form his possession. However, on culmination of the investigation, it was concluded that although he was found present at the crime scene when co-accused Latif Farooq SHO was allegedly giving severe beating to the deceased but he did not cause any injury on his person. Learned Law Officer while going through the case Diary No. 24 also verified this aspect of the case. When confronted, learned counsel for the complainant has conceded that complainant has not challenged the findings of Police qua culpability of petitioner Ijaz Mumtaz at any higher forum of Police hierarchy. Even otherwise, I have noticed that according to the prosecution case, Azhar Iqbal, injured was taken to Tehsil Headquarters Hospital (T.H.Q), Bhalwal by the complainant and PWs but on account of his precarious condition was referred to District Headquarters Hospital (D.H.Q), Sargodha and succumbed to the wounds in the way to hospital but perusal of record reveals that no Medico Legal Certificate (MLC) or any other document is available on record in this regard.
5. As far as the case of petitioner Muhammad Usman is concerned, undeniably, he was not named in the F.I.R rather he was implicated in this case through supplementary statement allegedly made by the complainant on 17.10.2022, stating therein, that he was amongst the persons who had abducted his nephew Azhar Iqbal from his house. Admittedly, petitioner Muhammad Usman is not a Police official. So far as the matter of torturing the deceased is concerned, petitioner Muhammad Usman was not involved in that episode. Police has also arrested seven accused persons in this case including present petitioner. During the course of investigation, nothing incriminating could be recovered from petitioner, Muhammad Usman.
6. Even otherwise, both petitioners Ijaz Mumtaz and Muhammad Usman are behind the bars since 28.10.2022 and investigation of the instant case has already been finalized, trial of the case is at initial stage, meaning thereby that physical custody of the petitioners is no longer required for the said purpose.
7. For the foregoing reasons, I found that case of the petitioners calls further inquiry into their guilt within the purview of Section 497(2), Cr.P.C. Therefore, this petition is allowed and the petitioners namely Ijaz Mumtaz and Muhammad Usman are admitted to post arrest bail subject to their furnishing bail bonds in the sum of Rs. 2,00,000/-(Rupees two lac) each with one surety each in the like amount to the satisfaction of the learned trial Court.
(A.A.K.) Petition allowed
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