SHAMAN vs THE STATE
This matter arises from a bail application filed on behalf of the accused Shaman, seeking post-arrest bail in a criminal case involving charges of murder under the Pakistan Penal Code. The core legal question concerns whether the applicant is entitled to further inquiry into his guilt under subsection (2) of section 497, Code of Criminal Procedure 1898, given that the medical evidence shows a single injury attributed generally to multiple co-accused and no injury is attributed to the applicant regarding the second deceased person. The Sindh High Court held that since the deceased sustained only a single injury and it remains to be determined which of the three accused caused it, alongside admitted enmity and the applicant's incarceration for nearly one year, the case falls within the scope of further inquiry. The court consequently granted post-arrest bail to the applicant subject to furnishing solvent surety, confirming the short order previously issued.
- Whether post-arrest bail can be granted when medical evidence shows a single injury attributed generally to multiple co-accused making their specific liability subject to further inquiry?
- Does the existence of admitted enmity between the parties support the grant of bail under subsection (2) of section 497 of the Code of Criminal Procedure 1898?
- Is an accused entitled to bail when no specific injury is attributed to him concerning one of the deceased victims in a double murder case?
- Section 497(2), Code of Criminal Procedure 1898
ORDER
1. ' The prosecution case lodged by complainant Zulfiqar Ali on 15-10-2002 at Police Station, Kamber, discloses that on the day the complainant, his brother Dur Muhammad, P.Ws. Darya Khan and Jan Muhammad were going to their lands and when they reached near the house of Azizullah, accused Nisar, Habibullah, Shaman with hatchets and Azizullah with a repeater gun appeared there.
2. Azizullah instigated whereupon all the three accused armed with hatchets dragged Dur Muhammad to their house and asked the complainant party to stay away. Dur Muhammad was later on caused injury by Nisar Ahmed, Habibullah and Shaman with their hatchets, as a result of which he died. The F.I.R., further discloses that accused Nisar Ahnied also killed his sister Mst.
3. Pathani by causing hatchet injuries to her. Accused Habibullah also caused hatchet injuries to her.
4. She also fell down and died. The complainant leaving both the dead at the Vardat, went to police station and lodged the report.
5. ' It is contended on behalf of the applicant that the F.I.R. Version is false and fabricated. There are general allegations against the three accused including the applicant of causing hatchet injuries to the deceased Dur Muhammad. It was also argued that the applicant is not alleged to have caused any injury to the deceased Mst. Pathani. It was urged that the ocular evidence is belied by the medical evidence, which shows that the deceased Dur Muhammad suffered only one injury on his person and it is S./et to be determined as to who out of the three accused caused such injuries to the deceased Dur Muhammad. It was lastly contended that the case of the applicant Shaman falls within the ambit of subsection (2) of section 497, Cr.P.C. Reliance is placed upon 2003 M LD 1140, 1987 PCr.LJ 1404, 2002 PCr.LJ 791.
6. ' Mr. Muhammad Bachal Tonyo, learned Additional Advocate-General appearing for the State has conceded to the bail plea in view of the contentions and the law referred as above.
7. Since the deceased Dur Muhammad is opined by the medical evidence to have sustained single injury on his person, it is yet to be determined as to which of the three accused would be responsible for such injury. The applicant admittedly has not caused any injury to the deceased lady. Enmity between the parties is admitted in the F.I.R. The referred case-law supports the applicant's case, who is in jail for nearly one year. Resultantly, bail is granted to the applicant subject to furnishing a solvent surety in the sum of. Rs Two lacs and P.R. Bond in the like amount, to the satisfaction of Additional Registrar of this Courts.
8. ' Above bail application was allowed by a short order dated 25-11-2003 for the reasons stated above.