Law: Pakistan Penal Code, 1860

Section: 302, 324, 148, 149

Law: Code of Criminal Procedure, 1898

Section: 497(2)

SUMMARY
Criminal Procedure Code (V of 1898) — S.497(2) — Penal Code (XLV of 1860), Ss.302, 324, 148 & 149 — Bail, post-arrest — Further inquiry — Delay in F.I.R. — Night occurrence — Absence of source of light — Doubtful identification — General role — Single injury — Forensic inconsistency — Benefit of doubt at bail stage.
The petitioner, nominated as an accused in an F.I.R. registered for the offence of murder, sought post-arrest bail after the same was declined by the Court below. The occurrence was stated to have taken place at night, whereas the F.I.R. was lodged with an unexplained delay of about one hour and fifty minutes. The F.I.R. was silent regarding any source of light at the place of occurrence and the site-plan reflected a considerable distance between the complainant party and the alleged assailants, rendering identification doubtful. Only a general role of firing was attributed to the accused persons, while the post-mortem report revealed a single entry wound on the body of the deceased, thereby not supporting the prosecution version of indiscriminate firing by multiple assailants. Furthermore, the forensic report opined that all recovered crime empties were discharged from one and the same weapon, which was inconsistent with the allegation of several armed accused.
Held: The cumulative effect of the unexplained delay in lodging the F.I.R., doubtful identification in the absence of any stated source of light, general and non-specific attribution of role, lack of corroboration by medical evidence, and the forensic finding indicating use of a single weapon, prima facie brings the case of the petitioner within the ambit of further inquiry as contemplated under S.497(2), Cr.P.C. At the bail stage, such circumstances cannot be ignored, and the heinous nature of the offence alone is not sufficient to deny bail where the prosecution version itself is open to serious doubt. Consequently, the petitioner was admitted to post-arrest bail.
Case law referred:
• Noorzali v. The State and others (2021 P Cr. L J Note 12);
• Saeed Ullah and others v. The State and another (2023 SCMR 1397);
• Sikandar Hayat v. The State and another (2022 SCMR 198).
Result: Petition allowed; bail granted.
 

The petitioner Qari Farhad sought post-arrest bail in a murder case (FIR No. 141/2025) under Sections 302/324/148/149 PPC.

• He was accused of participating in a firing incident during irrigation dispute resulting in the death of Abdul Halim Khan.
• FIR was registered after an unexplained delay of about 1 hour 50 minutes.
• Court found several doubts in prosecution case, including:
  • No mention of light source at night occurrence
  • Distance of 150 paces making identification doubtful
  • Only general role assigned to accused
  • Medical evidence showing only one entry wound
  • FSL report showing all empties fired from a single weapon

The Court held that the case requires further inquiry under Section 497(2) Cr.P.C.

👉 Result: Bail granted.

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⚖️ Sections Used

302, 324, 148, 149, 497(2)

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🧾 Two 2-Word Descriptions

• Further Inquiry
• Bail Granted

 

 

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JUDGMENT

 

1. Introduction

The petitioner sought post-arrest bail under FIR No. 141 dated 15.05.2025, registered under Sections 302/324/148/149 PPC, which was earlier dismissed by the learned Additional Sessions Judge-II, Bannu on 22.11.2025.

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2. Prosecution Case (FIR Version)

• Deceased: Abdul Halim Khan
• Allegation: Murder during irrigation of fields

Incident:

• Occurred on 14.05.2025 at about 22:30 hours
• Complainant and deceased were irrigating fields
• Accused Farhad along with 4–5 unknown armed persons allegedly:
  • Opened fire
  • Caused fatal injuries to deceased
• Complainant escaped unhurt
• Motive: Dispute over irrigation turn

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3. Arguments

Petitioner:

• Bail was wrongly refused

State:

• Opposed bail

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4. Court’s Observations

• FIR lodged after approx. 1 hour 50 minutes delay (unexplained)
• No mention of source of light in night occurrence
• Distance between parties: 150 paces → doubtful identification
• Only general role of firing assigned
• Medical evidence shows:
  • Only one entry wound
• FSL report shows:
  • All empties fired from one weapon

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5. Legal Principles Applied

• Section 497(2) Cr.P.C → Further inquiry in doubtful cases
• Case law:
  • Noorzali v. State
  • Saeed Ullah v. State (2023 SCMR 1397)
  • Sikandar Hayat v. State (2022 SCMR 198)

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6. Findings

Court held: