PLJ 2024 Cr.C. (Note) 278
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
ALI SULTAN--Petitioner
versus
STATE another--Respondents
Crl. Misc. No. 2281-B of 2024, decided on 24.7.2024.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 337-A(i), 337-F(i) 337-D/34--Conflict ocular and medical evidence--Abscondance--Post arrest bail--Grant of--The petitioner was nominated in FIR--He caused injury with knife on right flank of injured--The doctor examined said injury and later on, final opinion with respect to this injury was given as an exit wound--The sharp incised wound was also observed by doctor--There is every possibility that injury could have been caused with knife--Two opinions with respect to injury create doubt, benefit whereof be read in favour of petitioner/accused--Absconsion of 17 months--The investigation is complete and his detention is not required for further investigation--Petition is allowed. [Para 3] A, B & C
2023 SCMR 734; 2023 SCMR 999; 2021 SCMR 63; 2023 SCMR 1140; 2023 SCMR 857 ref.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Abscondance--Mere on absconsion alone, bail of petition cannot be refused. [Para 3] B
2023 SCMR 2122 ref.
Syed Badar Raza Gillani, Advocate for Petitioner.
Malik Mudassir Ali, DPG for State.
Khawaja Qaisar Butt, Advocate for Complainant.
Date of hearing: 24.7.2024.
Order
Through this petition under Section 497 Cr.P.C. petitioner has sought post arrest bail in case FIR No. 133 dated 02.05.2022 registered under Sections 302, 324, 337A(i), 337F(i), 337-D/34, PPC at Police Station Okanwala Bangla, District Sahiwal.
2. Heard. Record perused.
3. The petitioner was nominated in the FIR with multiple allegations that he caused injury with knife on the right flank of Shahid injured and with sota caused injuries on the persons of Shehzad injured as well as deceased Imtiaz. Learned counsel for the petitioner while opening arguments states that the injuries on the person of Shehzad are bailable whereas no injury with blunt weapon on the person of deceased was observed in the post-mortem report. Further states that the injury with knife on the person of Shahid injured is also doubtful in the sense that the doctor examined the said injury at Sr. No. 2 with description of "Sharp incised wound stitched at right lower quadrant 2.5x1.5cm, with no blackening oround the wound’ and later on 25.06.2022 final opinion with respect to this injury was given as an exit wound of Injury No. 1, which opinion was resisted by learned DPG and learned counsel for the complainant by stating that the sharp incised wound was also observed by the doctor; Further states that as it was stitched wound, therefore there is every possibility that the injury could have been caused with knife. Be that as it may, two opinions with respect to the injury create doubt, benefit whereof be read in favour of the petitioner/accused. Except sota, no other weapon of offence was recovered from the petitioner. So far as the claim of absconsion of 17 months of the petitioner, who was arrested on 17.01.2024, is concerned, suffice it to say that mere on absconsion alone, bail of the petitioner cannot be refused. In this respect, learned counsel for the petitioner has relied on the case reported as “Noman Khaliq vs. The State and another” (2023 SCMR 2122). The petitioner who is behind the bars since 17.01.2024. The investigation is complete and his detention is not required for further investigation; thus, keeping him behind the bars for indefinite period would not serve any useful purpose. The Supreme Court of Pakistan in a case reported as “Muhammad Nawaz alias Karo versus The State (2023 SCMR 734), with reference to Section 497, Cr.P.C., has held as under:
“This Court has time and again held that liberty of a person is a precious right, which cannot be taken away unless there are exceptional grounds to do so. Merely on the basis of bald allegations, the liberty of a person cannot be curtailed.”
Similar view has been taken by the Supreme Court of Pakistan in case reported as “Noor Kamal and another versus The State and another” (2023 SCMR 999). All these facts, prima-facie, call the case of present petitioner for further inquiry falling within the ambit of sub-section (2) of Section 497, Cr.P.C. as enunciated in cases reported as “Jahanzeb and others versus State through A.G. Khyber Pakhtunkhwa Peshawar and another” (2021 SCMR 63), “Salman Zahid versus The State through P.G. Sindh” (2023 SCMR 1140) and “Gul Muhammad versus The State (2023 SCMR 857).
4. In view of what has been discussed above, the petition in hand is allowed and the petitioner is admitted to bail subject to 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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