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Petitioner: IMRAN VS Respondent: StateHonorable Justice Asif Saeed Khan KhosaRai Muhammad Tufail Khan Kharal,M. Ishfaq Ahmad Chaudhry for the State with Ghulam Shabbir Khan
2006 Y L R 1948
2006 Y L R 1948
[Lahore]
Before Asif Saeed Khan Khosa, J
IMRAN---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.829-B of 2006, decided on 24th February, 2006.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), 5.324---Bail, refusal of---F.I.R. in the case had been registered after eighteen days of alleged occurrence, but reason for such delay had not only been explained in F.I.R. itself, but same was also discernible from the attending circumstances---Accused stood duly nominated in the F.I.R. as the sole perpetrator of the alleged offence and a specific fire-arm injury on the right lower-leg of complainant stood attributed to him therein---Eye-witnesses mentioned in F.I.R., including the injured complainant, had stood by their statements made before the police fully implicating accused in alleged offence---Parties were very closely related to each other and in view of such close relationship between parties and the fact that there was solitary accused in the case, false implication of accused and possibility of substitution of accused for the real culprit, were not readily believable---Prima facie medical evidence had lent support to the allegation levelled against accused in F.I.R.---Record of investigation had shown that a background of strained family relations existed between the parties at the relevant time and accused was directly connected with the motive--Weapon of offence had been recovered from the possession of accused during investigation---Local police after having become convinced of the guilt of accused had already submitted challan against accused---Offence against accused under S. 324, P.P.C. attracted prohibitory clause contained in subsection (1) of S.497, Cr.P.C.-Prima facie reasonable grounds existed to believe in involvement of accused in alleged offence---Bail petition was dismissed in circumstances.
Rai Muhammad Tufail Khan Kharal for Petitioner.
M. Ishfaq Ahmad Chaudhry for the State with Ghulam Shabbir Khan, S.-I. with Record.
ORDER
ASIF SAEED KHAN KHOSA, J.---Through this petition Imran, petitioner has sought post-arrest bail in case F.I.R. No.988 registered at Police Station, Jaranwala, District Faisalabad on 21-9-2005 in respect of an offence under section 324, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has been noticed by me that the F.I.R. in this case had been registered after eighteen days of the alleged occurrence but the reason for the delay had not only been explained in the F.I.R. itself but the same is also discernible from the attending circumstances of this case. A perusal of the Medico-legal Certificate issued in respect of the injured complainant shows that the injured complainant had been got medically examined by the local police itself on the very day of occurrence which shows that the matter had actually been reported by the complainant to the police with sufficient promptitude. In these circumstances the blame for delayed registration of the F.I.R. is to be laid at the door of the police and not at the door of the complainant. The petitioner stands duly nominated in the F.I.R. as the sole perpetrator of the alleged offence and a specific fire-arm injury on the right lower-leg of Khizar Hayat complainant stands attributed to him therein. It is not disputed that the eye-witnesses mentioned in the F.I.R., including the injured complainant, have so far stood by their statements made before the police fully implicating the petitioner in the alleged offence. The record of this case shows that the parties to this case are very closely related to each other inasmuch as the complainant is not only a maternal uncle of the present petitioner but the petitioner's sister is also married to the complainant's son. In view of such close relationship between the parties and in view of the fact that the petitioner is the solitary accused in this case false implication of the petitioner or a possibility of substitution of the petitioner for the real culprit are not readily believable at this stage. Prima facie, the medical evidence lends support to the allegation levelled against the petitioner in the F.I.R. The record of investigation shows that there was a background of strained family relations between the parties at the relevant time and the petitioner was directly connected with the motive. During the investigation the weapon of offence had been recovered from the petitioner's possession. After having become convinced of the petitioner's guilt the local police have already submitted a challan against him. An offence under section 324, P.P.C. attracts the prohibitory clause contained in subsection (1) of section 497, Cr.P.C.
3. For what has been discussed above prima facie reasonable grounds exist to believe in the petitioner's involvement in the alleged offence and this petition is, therefore, dismissed.
H.B.T./I-32/L?????????????????????????????????????????????????????????????????????????????????????????????????? Bail refused.