MIR MUHAMMAD vs State S — 2024 SCMR 805 SUPREME-COURT

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MIR MUHAMMAD VS State S. 498---Penal Code (XLV of 1860), Ss. 324, 147, 148, 149, 427 & 504---Constitution of Pakistan, Art. 185(3)---Attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly, intentional insult with intent to provoke breach of peace---Ad-interim pre-arrest bail, confirmation of---Further inquiry---Possibility of fabricated injuries---There were inconsistencies between the injuries mentioned in the FIR and the initial medico-legal report---In the FIR, the petitioner (accused) had been assigned the specific role of causing a firearm injury to the injured, however in the final medico legal report, the alleged injuries were said to have been caused by a "sharp cutting" object, and subsequently the injured was examined by the Special Medical Board, which, vide a medico-legal report found the injuries to be fabricated---Even the Investigation Officer ("IO") informed the Court that he did not find the petitioner guilty and also submitted a report under Section 168 Cr.P.C to the Station House Officer ("SHO"), but the SHO ignored the report without any rhyme or reason and a report under Section 173 Cr.P.C. was submitted in the Trial Court---Based on the divergence and obvious contradiction in the initial medico-legal report vis-à-vis the seat of injury mentioned in the FIR, as well as the opinion subsequently rendered by the Special Medical Board comprising six doctors, and the statement of the IO made before the Court (which was not controverted by the complainant or the prosecution ), it appeared that the case of the petitioner required further inquiry and there were reasonable grounds to confirm his pre-arrest bail---So far as the culpability of the petitioner in the commission of offence, if any, was concerned, that would be better adjudged by the Trial Court after production of pro and contra evidence---However, at present stage, on the basis of a tentative assessment of the material placed before the Court, the possibility of mala fide intention or ulterior motive on the part of the complainant to implicate the petitioner in the case could not be ruled out and required further inquiry---Petition was converted into appeal and allowed, and ad-interim pre-arrest bail already granted to the petitioner by the Supreme Court was confirmed. Citation Name: 2024 SCMR 805 SUPREME-COURTBookmark this Case MIR MUHAMMAD VS State S. 498---Pre-arrest bail---Principles and grounds---Grounds for grant of pre-arrest bail stated.

MIR MUHAMMAD vs State S — 2024 SCMR 805 SUPREME-COURT

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