BADAL vs THE STATE
This matter arises from a bail application filed by the applicant Badal seeking post-arrest bail in a criminal case involving allegations of firing at a police party. The core legal question is whether the applicant is entitled to post-arrest bail when no injuries were sustained during the alleged exchange of fire and the exact intent of the accused requires further inquiry. The Sindh High Court held that since no one was injured in the firing and it requires further inquiry whether the accused intended to commit murder or merely scare off the police to escape, the case falls within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The court admitted the applicant to post-arrest bail, establishing the principle that where no injuries are sustained in an alleged firing incident and the intent of the accused is debatable, bail should be granted pending trial.
- Whether post-arrest bail can be granted when no injuries are sustained during an alleged firing at a police party?
- Does an undeterminable intent to murder versus an attempt to escape warrant further inquiry under criminal procedure?
- Is an accused entitled to bail after remaining in custody for several months when the trial has not concluded?
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' ALI SAIN DINO METLO, J.--- Heard Messrs Abdul Rasool Abbasi, Advocate for the applicant and Muhammad Ismail Bhutto, State counsel. The latter has no objection to the grant of bail as in the alleged firing made by the applicant and his companions nobody was injured.
2. The allegation against the applicant is that on 30-7-2006, at 1000 hours, he armed with a kalashnikov and his 5 others companions also armed with fire-arms made fires upon a police party comprising of complainant A.S.-I. Ghous Bakhsh, constables Mumtaz Ali, Talib Hussain, Ghulam Shabir and driver Aijaz Ali but nobody was injured in the firing made by both the parties.
3. The applicant was allegedly apprehended on the spot i.e. Railway crossing near Qasim Shah Bailo within the jurisdiction of Police Station Thariri Mohabbat while his companions managed to escape.
4. He has, remained in custody for about five months and it requires only further enquiry whether he and his companions attempted to murder the members of police or simply wanted to escape by scaring them off.
5. ' In view of the above mentioned facts and circumstances of the case the applicant is admitted to bail in the sum of Rs,50,000 (Rupees fifty thousand) with one surety and personal bond in the like amount to the satisfaction of the trial Court. 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.
Cited by 1 case
- KHALID vs The STATE 2013 P Cr. L J 1547