HASSAN and anothers vs THE STATE
This matter concerns a post-arrest bail application filed by two co-accused, Hassan and Sulleman, facing trial for offences under sections 337-A(ii), 337-F(i), and 504/34 of the Pakistan Penal Code 1860. The prosecution alleged that Sulleman inflicted a hatchet injury to the complainant's head, while Hassan inflicted lathi blows to the complainant's arms. Counsel for the applicants argued that the offences were not of a prohibitory nature, particularly as the trial was before a Magistrate with limited sentencing powers, and that the alleged instigator had been absolved by the police. The State opposed the application, citing specific roles attributed to the accused and the nature of the injuries. Upon review, the Court held that while the applicant Sulleman was not entitled to bail due to the severity of the hatchet injury inflicted on a vital part of the body, the applicant Hassan was entitled to relief as his alleged act involved simple injuries to a non-vital part. Consequently, the Court granted bail to Hassan while rejecting the application for Sulleman.
- Whether an accused who inflicts a hatchet injury on the head of a victim is entitled to post-arrest bail?
- Does the infliction of simple injuries on non-vital parts of the body by an accused justify the grant of bail?
- Can the limited sentencing power of a Magistrate be a primary ground for granting bail in a non-bailable offence?
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' Applicants Hassan and Sulleman are facing trail in the Court of learned Civil Judge and F.C.M.
2. Badin for the offences punishable under sections 337-A(ii), 337F(i) and 504/34, P.P.C.
3. ' According to the F.I.R. The applicant Sulleman caused hatchet injury to injured Jan Muhammad on his head and applicant Hassan Mallah gave lathi blows to, injured Jan Muhammad on his arms.
4. ' Mr. Madad Ali Shah has submitted that the offence allegedly committed by the applicant Hassan is punishable with imprisonment for one year and the offence allegedly committed by applicant Sulleman is punishable with Arsh and alternatively for imprisonment for five years. According to the F.I.R. The applicants caused injuries at the instance of their zamindar Muhammad Soomar Bhurgri on account of altercation in respect of rotation of the water. Mr. Madad Ali Shah has submitted that police has absolved Zamindar Muhammad Soomar and has stated in the challan that the presence of Zamindar at the time of incident has not been established who is reportedly an elderly person.
5. ' The learned counsel has further submitted that the case is being tried by Ist Class Magistrate and therefore, the maximum punishment which he would award is three years. In these circumstances the learned counsel for the applicant has submitted that both the applicants may be released on bail.
6. ' The learned State counsel has opposed the bail application contending that both the applications are named in the F.I.R. And specific roles have been attributed to them and the hatchet injuries are on the vital parts of the body viz. Head.
7. 'I have considered the contentions raised by the learned Advocates for the parties. I am of the opinion that the applicant Sulleman is not entitled for bail because he has caused hatchet injuries with sharp side on the head of injured Mr. Jan Muhammad. However, applicant Hassan son of Vikio Mallah is stated to have caused lathi blows on the arm of injured Jan Muhammad. The injury is not on the vital part and is simple in nature. Applicant Hassan is therefore, granted bail in the sum of Rs,50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court. The bail plea of accused Sulleman is rejected.