Zaka Ullah Khan vs The State
This criminal petition arises from a request for post-arrest bail by the petitioner, who was charged with firing shots at an injured party. The core legal question before the Lahore High Court was whether the petitioner was entitled to bail despite being named in the First Information Report with a specific role and the offence falling within the prohibitory clause of the relevant criminal procedure statute. The State opposed the bail, arguing that the petitioner's specific role and the nature of the offence precluded relief. Upon review, the Court observed that although the petitioner fired shots, they did not strike the victim's body, merely hitting his clothes. Furthermore, the petitioner had been incarcerated for four months, and the investigation was complete. The Court held that the petitioner's case warranted further inquiry. Consequently, the petition was accepted, and the petitioner was granted bail subject to furnishing a surety bond. The key principle established is that where shots fired do not result in physical injury and the accused has been detained for a significant period, the case may be considered one of further inquiry for bail purposes.
- Does the fact that shots fired by an accused did not hit the victim's body constitute grounds for further inquiry in a bail application?
- Is an accused entitled to bail when the investigation is complete and the accused has been incarcerated for several months despite the offence falling under the prohibitory clause?
- Section 497(1), Code of Criminal Procedure 1898
ORDER
KHAWAJA MUHAMMAD SHARIF, J.~ Learned counsel for the petitioner submits that according to the F.I.R, petitioner had fired three shots which did not hit the body of the injured and instead of that hit the clothes of the injured/P.W. He submits that he was arrested on 4.9.2002. Ghulam has been submitted against .Him and petitioner is no more required by the Police.
2. On the other hand, learned State counsel submits that the petitioner is named in the F.I.R, with a specific role, Offence falls within the Prohibitory Clause of Section 497(1), Cr.P.C.
3. I have heard the learned counsel for the parties. Though the petitioner fired on the injured/P.W.
But fortunately the same did not hit this body, and the same hit his clothes. Petitioner is behind the bar for the last 4 months. Case of the petitioner in my opinion, is of further inquiry, ln this view of the matter this petition is accepted and the petitioner is allowed bail in the sum of Rs.50,000/ with one surety in the like amount to the satisfaction of Trial Court.