MUHAMMAD ASIF KHAN vs THE STATE
This matter concerns a petition for post-arrest bail filed by Muhammad Asif Khan, who was implicated in a criminal case registered under sections 394 and 337-F(iii) of the Pakistan Penal Code 1860, following an incident where a van was intercepted and an occupant injured by gunfire. The core legal question was whether the petitioner, who was not alleged to have caused the specific injury and whose identification was disputed due to the absence of light source details in the F.I.R., was entitled to bail pending trial. The Court observed that the injury was attributed to a co-accused and that the petitioner's common intention remained unclear from the record. Furthermore, noting that the petitioner had already been granted bail in a separate case, the Court held that the petitioner's involvement in the instant case required further inquiry. Consequently, the Court admitted the petitioner to post-arrest bail, establishing the principle that where the prosecution's case regarding common intention is ambiguous and identification is questionable, the case against an accused warrants further inquiry, justifying the grant of bail.
- Does the absence of specific details regarding the source of light for identification in an F.I.R. constitute grounds for further inquiry in a bail application?
- Is an accused entitled to post-arrest bail when the prosecution fails to clearly establish common intention for the alleged offense?
- Can the fact that an accused has been granted bail in a separate criminal case influence the determination of 'further inquiry' in a subsequent bail petition?
- Section 394, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 392, Pakistan Penal Code 1860
ORDER
' Petitioner Muhammad Asif Khan son of Hakim Ali seeks after arrest bail in case F.I.R. No.311 of 2003, dated 25-11-2003 under sections 394, 337-F(iii), P.P.C. Registered at Police Station Sadar, Mianwali, at the instance of Abdul Qayum.
2. The allegation against the accused is that on 24-11-2003 at about 10 a.m. Fiaz Hussain along with others were driving Suzuki Van from his bakery and were intercepted by the accused who were armed with fire-arms and one of them fired at Fiaz Hussain hitting on his left leg. However, they managed to escape.
3. The petitioner was arrested on 16-12-2003 along with his co-accused and according to the police official present in Court, statements of Abdul Aziz Khan and Abid Khan were recorded who had suspected the petitioner along with his co-accused Amir Moawya and Azmat Khan in the instant case and thereafter identification parade was held in jail and P.Ws. Identified the petitioner and his co-accused responsible for commission of the crime.
4. The petitioner was declined after arrest bail by the learned Additional Sessions Judge, Mianwali vide order sated 26-8-2004. Hence this petition.
5. Learned counsel for the petitioner and for the State have been heard exhaustively and record had been perused.
6. Admittedly, as per police record the petitioner has not caused the injury. However, it has been attributed to Ameer Moawya, co-accused.. Whether the petitioner shared common intention for commission of dacoity or co-accused who fired at Fiaz intended to commit his murder is not clear from the record. It has been stated by the police official present with record that the petitioner was present with motorcycles of the accused party. In the F.I.R. No source of light was mentioned that how they identified the accused. The petitioner was arrested in case F.I.R. No.319 under section 392, P.P.C. In which he has already been admitted to bail by the learned trial Court, therefore, the present case against the petitioner is also of further inquiry. Hence he is admitted to bail subject to his furnishing of bail bonds in the sums of Rs.50,000 with two sureties each in the like amount to the satisfaction of the trial Court.