Haji SHABBIR and another vs THE STATE
This matter concerns an application for confirmation of pre-arrest bail filed by the applicants, Haji Shabbir and Shah Mir, who were implicated in Crime No. 87 of 2004 at Police Station Bhan for offences under sections 324, 337-A(i), 337-F(i), 147, 149, and 504 of the Pakistan Penal Code 1860. The core legal question was whether the applicants were entitled to the confirmation of interim pre-arrest bail given the circumstances of the case and the investigation findings. The court observed that the F.I.R. admitted prior enmity between the parties. It was noted that applicant Haji Shabbir was not attributed any active role in the alleged assault, while the offence attributed to applicant Shah Mir fell under a bailable section. Furthermore, the applicants had been placed in Column No. 2 of the challan, indicating they were absolved by the police during the investigation. Additionally, the main accused, Amir Bux, had already been granted bail by the trial court. Consequently, the court confirmed the interim bail, noting the State's lack of objection. The decision reinforces the principle that where the main accused is granted bail and the applicants were absolved during investigation, pre-arrest bail is appropriate.
- Is pre-arrest bail appropriate when the applicants were placed in Column No. 2 of the challan by the police?
- Does the grant of bail to the main accused provide grounds for the confirmation of bail for co-accused?
- Can pre-arrest bail be confirmed when the State counsel has no objection?
- Section 324, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
ORDER
1. ' The. Applicants are required in Crime No.87 of 2004 Police Station Bhan for the commission of offences under sections 324, 337-A(i), 337-F(i), 147, 149 and 504 P.P.C.
2. ' According to the F.I.R. The parties were not having good relations on account of dispute between the children. It is further alleged in the F.I.R. That co-accused Amir Bux caused five dagger blow injuries to complainant Hafiz Manthar Ali while applicant Shah Mir caused one dagger blow to P.W.
3. Sanaullah. Applicant Haji Shabbir is not attributed any active role.
4. The learned counsel for the applicant has submitted that the enmity between the parties is admitted in the F.I.R. And the offence alleged against applicant Shah Mir falls under section 337- A(i) P.P.C. Which is bailable Applicant Haji Shabbir is not alleged to have caused any injury. The main accused according to the F.I.R. Is Amir Bux. He has further submitted that the applicants were absolved by the police during the course of investigation and therefore their names have been placed in Column No.2 of the challan. He has further submitted that the main accused Amir Bux has already been granted bail by the learned trial Court.
5. In view of the fact that the main accused has been granted bail by the learned trial Court the learned State counsel has no objection to the confirmation of interim bail before arrest granted to the applicant on 15-4-2005. The interim bail before arrest is confirmed accordingly. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.