SHAFI MUHAMMAD vs THE STATE
The applicant Shafi Muhammad Brohi sought post-arrest bail in Crime No. 49 of 2003 registered at Police Station Stuart Ganj for offences punishable under sections 302, 147, 148, 149, 504, and 114 of the Pakistan Penal Code. The applicant was alleged to have caused an injury on the left hand of the deceased, whereas the fatal injury was attributed to a co-accused who remained at large. The trial had not progressed further since the applicant's arrest on June 25, 2003, and the State Counsel conceded that the applicability of common intention could only be determined during trial rather than at the bail stage. The Sindh High Court held that the case against the applicant warranted the grant of bail, noting that the question of common intention required determination at trial. The court accordingly admitted the applicant to post-arrest bail subject to furnishing solvent sureties and a personal bond.
- Whether common intention can be determined at the bail stage?
- Is an accused attributed with a non-fatal injury entitled to bail when the fatal injury is attributed to an absconding co-accused?
- Section 302, Pakistan Penal Code
- Section 147, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 149, Pakistan Penal Code
- Section 504, Pakistan Penal Code
- Section 114, Pakistan Penal Code
ORDER
1. ' Applicant Shafi Muhammad Brohi is facing trial in Crime No,49 of 2003, Police Station Staurt Ganj for offence punishable under sections 302, 147, 148, 149, 504, 114, P.P.C. He is alleged of having caused injury on the left hand of the deceased fatal injury is attributed to other co-accused who is still at large. The applicant was arrested on 25-6-2003. Case is not proceeded any further. Learned State Counsel also concede that as regards the question of common intention is concerned the same can only be determined at the trial and not at bail stage.
2. ' Accordingly, applicant is admitted to bail. However, subject to furnishing two solvent sureties of Rs,1,00,000 and P.R. Bond in the like amount to the satisfaction of trial Court.