TAJU vs THE STATE
This matter arises from a criminal case where the applicant was implicated along with others for allegedly firing upon the complainant party with the intention to commit murder. The core legal question concerns whether the applicant is entitled to post-arrest bail when the FIR attributes specific fatal firing to a co-accused, the medical report confirms only a single firearm injury, and the allegation against the applicant constitutes ineffective firing. The Sindh High Court held that the case against the applicant falls within the scope of further inquiry under the relevant criminal procedure provisions, thereby making him a fit case for bail. The court laid down the principle that where a medical report corroborates only a single injury and the specific role attributed to an accused is limited to ineffective firing, further inquiry is warranted, justifying the grant of bail.
- Whether an accused charged with ineffective firing is entitled to post-arrest bail when the medical report shows only a single injury attributed to a co-accused?
- Does an allegation of firing without causing a corresponding injury on the victim warrant further inquiry under criminal jurisprudence?
1. ' FAISAL ARAB, J.---The applicant is implicated in the case on the ground that he along with others with the intention to commit murder fired upon the complainant party. In the F.I.R. It has come that accused Abdul Nabi fired on deceased Daman which hit him and he fell down. Against present accused it is alleged that he also fired but it is not stated that shots hit the deceased. Medical report shows that only one fire-arm injury has been caused. Learned State Counsel also submits that only one fire-arm injury has been caused to the deceased. Thus it is case of ineffective firing which required further inquiry. The applicant shall be enlarged on bail on furnishing surety in the sum of Rs,200,000 and P.R. Bond in the like amount to the satisfaction of trial Court.