Case of Further Inquiry due to Inconsistencies in Evidence and Investigative Findings --- Lahore High Court, Lahore grant Post Arrest Bail to accused persons
Islamabad 13-11-2024: The Lahore High Court has granted post-arrest bail to two accused, Zulqarnain and Muhammad Rafique, in a murder case arising from [FIR No. 361/2024] filed at Dijkot Police Station, Faisalabad. The case, involving the alleged murder of Muhammad Usman, was registered under sections 302, 109, and 34 of the Pakistan Penal Code (PPC). Mr. Justice Farooq Haider’s judgment emphasizes the constitutional right to liberty, stating that the case requires further inquiry due to inconsistencies in evidence and investigative findings.
The judgement notes several discrepancies between the FIR allegations and the findings of the police investigation. According to the FIR, the accused were implicated in assaulting Muhammad Usman, with Zulqarnain allegedly striking him with a pistol and Rafique firing shots. However, the second investigation, led by the Deputy Superintendent of Police, revealed that Zulqarnain was unarmed and played no direct role, while Muzammil Hussain, a co-accused, fired the fatal shot. The post-mortem report also indicated minor abrasions rather than severe injuries that would indicate assault as per the FIR. These inconsistencies led the Court to conclude that the roles of Zulqarnain and Rafique were unclear and warranted further scrutiny.
Mr. Justice Farooq Haider’s underscored the constitutional right to liberty, stressing that prolonged detention of the accused serves no useful purpose in this context. Referring to the Supreme Court’s ruling in Chairman, NAB Vs. Nisar Ahmed Pathan and others (PLD 2022 Supreme Court 475), the Court highlighted that granting bail in doubtful cases is preferable to wrongful imprisonment, as “no satisfactory reparation can be offered to an innocent person on his acquittal for unjustified imprisonment.”
The Court stated that issues surrounding common intention and vicarious liability would be evaluated at trial, noting that Rafique’s alleged “lalkara” (verbal threat) may have been figurative rather than an actual incitement to violence. This factor, along with the absence of conclusive evidence implicating the accused in the crime, supported the Court’s decision to allow bail.
The Court allowed bail for both Zulqarnain and Rafique upon submission of bail bonds worth Rs. 500,000 each with two sureties. Mr. Justice Farooq Haider’s emphasized that the observations were tentative and would not influence the trial’s outcome, directing the trial Court to expedite proceedings within four months.
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