Lahore High Court Grants Bail to Two Accused in Murder Case Citing Medical Ambiguity and Further Inquiry

Islamabad 22-03-2025: In a significant development, the Lahore High Court, Multan Bench, has granted post-arrest bail to two accused in a murder case registered under Sections 302, 324, 148, and 149 of the Pakistan Penal Code (PPC). The judgment was passed by Hon’ble Mr. Justice Muhammad Amjad Rafiq in [Criminal Miscellaneous Nos. 10010-B/2024 and 1060-B/2025].

The Court observed that there was insufficient evidence on record to definitively link the petitioners to the death of the victim. Despite being accused of inflicting injuries with clubs, the postmortem report revealed no head trauma or internal injuries. The medical cause of death was listed as cardiopulmonary arrest, a condition that may arise from multiple cardiac or non-cardiac reasons unrelated to direct physical trauma.

The Court analyzed detailed medical literature, including the Glasgow Coma Scale (GCS), and held that the cause of death was ambiguous. Moreover, the FIR was registered with a two-day delay, and the initial history given by the deceased to the medico legal officer was not formally recorded by the investigating officer raising serious concerns about the integrity of the prosecution’s case.

Mr. Justice Muhammad Amjad Rafiq held that the case fell within the ambit of “further inquiry” under Section 497(2) Cr.P.C., and cited several Supreme Court precedents, including Mazhar Ali Vs. The State (2025 SCMR 318) and Saeed Ahmed Vs. The State (PLD 2024 SC 1241), to support the decision. The Court granted bail to both petitioners against bail bonds of Rs. 500,000 each, noting that continued incarceration served no useful purpose as the investigation had concluded.

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