2024 SCLR 39
Other citations: 2024 SCMR 20
[Supreme Court of Pakistan]
Present: Sardar Tariq Masood, Amin-ud-Din Khan and Syed Hasan Azhar Rizvi, JJ
Fahad–Petitioner
versus
The State and another—Respondents
Criminal Petition No. 495 of 2023, decided on 13th September, 2023.
(Against the judgment dated 17.04.2023, passed by the Peshawar High Court, Abbottabad Bench, Abbottabad in Criminal Misc. (Β.Α.) No. 227-A of 2023)
HEADNOTE
Criminal Procedure Code (V of 1898) —
— S. 497 — Penal Code (XLV of 1860), Ss. 302, 311, 201, 202 & 34 — Qatl-i-amd, causing disappearance of evidence, giving false information to screen offender, intentional omission to give information of offence by person bound to inform, common intention — Bail, grant of — Scope — Daughter of the complainant went missing, the matter was reported to the police, and it was stated by the complainant that she had been done to death by her husband’s brother and his son (the petitioner) — Complainant party, inter alia, argued that there was an important circumstantial evidence in the form of a confessional statement under section 164, CrPC, of petitioner’s father, in which he had admitted his guilt of committing the murder and had also disclosed the location of the deceased’s body — However, it was observed that in the statement under section 164, CrPC, the name of the petitioner was not mentioned in any context — There was no other circumstantial evidence available on the record against the petitioner except for an application filed by the deceased a few days prior to the occurrence — In that eventuality, the case of the petitioner called for further enquiry falling under sub-section (2) of section 497 CrPC — Resultantly, the petition was converted into an appeal and was allowed — The petitioner was enlarged on bail. [Para. No. 2 & 3]
Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for petitioner.
Liaquat Ali Tareen, Advocate Supreme Court for the complainant.
Altaf Khan, Additional Advocate General, Khyber Pakhtunkhwa and Sardar Shah, ASI for the State.
Date of hearing: 13th September, 2023.
ORDER
Sardar Tariq Masood, J:—Through this petition, the petitioner impugns the order dated 17.04.2023, by which the post arrest bail was declined to him in case FIR No.11 dated 20.01.2023, registered at Police Station Battagram, District Battagram under sections 302/311/201/202/34, P.P.C.
2. After hearing the learned counsel for the petitioner, we observe that the daughter of the complainant, namely, Mst. Riffat Bibi was found missing after 07.01.2023, the matter was reported to the police and it is stated by the complainant that she was done to death by her husband’s brother, Janas and his son (petitioner). On query, learned Additional Advocate General, KP and the learned counsel for the complainant state that there is statement of one Abdul Haleem under section 164, Cr.P.C. and there is another important circumstantial evidence in the shape of confessional statement under section 164, Cr.P.C. of Janu alias Janas, in which he had admitted his guilt of committing her murder and also got recovered the dead body of deceased after making disclosure. However, we observe that in both statements under section 164, Cr.P.C., the name of the petitioner is not mentioned in any context. There is no other circumstantial evidence available on the record against the petitioner except an application, which was filed by the deceased a few days earlier prior to the occurrence. In that eventuality, the case of the petitioner calls for further enquiry falling under subsection (2) of section 497 Cr.P.C.
3. Resultantly, this petition is converted into an appeal and allowed. The petitioner is enlarged on bail subject to furnishing his bail bonds in the sum of Rs.200,000/- with two sureties in the like amount to the satisfaction of the trial Court.
Bail granted