SHER MUHAMMAD and 3 others vs THE STATE
This matter arises from a post-arrest bail application filed before the Sindh High Court on behalf of four applicants facing criminal charges. At the outset, the learned counsel for the applicants did not press the bail application for the first two applicants, Sher Muhammad and Ameen Muhammad, resulting in its dismissal as withdrawn for them. The core legal question for the remaining two applicants, Madad Ali and Younis, pertained to whether post-arrest bail should be granted when the First Information Report contains only general allegations of inflicting hatchet and lathi blows without attributing a specific fatal injury to either applicant. Evaluating the facts and supporting precedents, the Court held that since no specific role or fatal injury was directly attributed to Madad Ali and Younis, their culpability warranted further inquiry during the trial. Consequently, the Court admitted the remaining applicants to post-arrest bail, establishing the principle that general allegations without specific attribution of fatal blows can constitute a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898.
- Whether post-arrest bail can be granted when the accused are assigned general roles without specific attribution of a fatal injury?
- Does the absence of a specific role in the First Information Report make the case one of further inquiry under criminal law?
ORDER
1. ' Mr. Anwar H. Ansari, Advocate for the applicants makes statement at the bar that this bail application as far applicants Nos.1 Sher Muhammad and No,2 Ameen Muhammad is not pressed by him and the same, for the said two applicants/accused, is hereby dismissed as withdrawn.
2. ' For applicants/accused Madad Ali and Younis, learned counsel has read out the relevant portion of the contents of the F.I.R., which was lodged by complainant Haji Mehal, wherein the said applicants viz. Madad Ali and Younis are alleged with the general allegation of having had inflicted hatchets and Lathi blows on the person of deceased Muhammad Saleem and injured Haji Mohib, and that they are not saddled with any specific allegation as to only one injury sustained by the said deceased as well as the injuries caused to the said injured.
3. ' Learned counsel for the said two applicants has cited 1980 SCM R 784 wherein the applicants of the said case were admitted to bail by Honourable Supreme Court with the observation that it was yet to be determined as to at whose hands the fatal injury was caused to the deceased of the said case; learned counsel further cited 1997 SCM R 251 wherein also the bail was granted to the applicants of the said case by Honourable Supreme Court of Pakistan on the basis of identical facts.
4. ' Learned counsel appearing for the State also supports the arguments of learned counsel for applicants Madad Ali and Younis to the effect that no specific role has been attributed to the said two applicants in the F.I.R. And that the question to that effect is yet to be determined by means of record of the evidence during the trial of the case.
5. ' Accordingly, applicants Madad Ali and Younis are hereby admitted to bail each in the sum of Rs,2,00,000 (two lacs) with P.R. Bonds in the like amount to the satisfaction of the trial Court.
Cited by 2 cases
- MOAZZAM alias MUHAZE vs The STATE 2014 MLD 414
- ALI MUHAMMAD and 6 others vs THE STATE 2004 YLR 1557