ABDUL KARIM vs THE STATE
This matter concerns a petition for post-arrest bail filed by the accused in a criminal case registered under sections 324, 337-F(iii), 337(A)(i), 337A(2), 148, 149, 452, and 337-F(5) of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail despite being named in the FIR with a specific role, having been attributed a firearm injury on a vital part of the victim's body, and medical evidence corroborating the prosecution's version. The Court held that the petitioner was not entitled to bail, noting that the specific role attributed to the accused, the corroboration of the FIR by medical evidence, and the nature of the injury, which was declared 'Ghair Jaifah Hashimah' and constituted a non-bailable offence, warranted the dismissal of the petition. The key principle laid down is that where an accused is specifically named in the FIR with a direct role in causing a serious injury that is corroborated by medical evidence, the mere claim of innocence by the police or lack of recovery does not automatically entitle the accused to post-arrest bail.
- Does a police finding of innocence automatically entitle an accused to post-arrest bail?
- Is an accused entitled to bail when the medical evidence corroborates the specific role attributed in the FIR?
- Does the commission of a non-bailable offence, as supported by medical evidence, preclude the grant of post-arrest bail?
- Section 324, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 337(A)(i), Pakistan Penal Code 1860
- Section 337A(2), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 337-F(5), Pakistan Penal Code 1860
ORDER
' KHURSHID ANWAR BHINDER, J.---The petitioner seeks post-arrest bail in case F.I.R. No,126 of 2007, dated 11-9-2007, registered under section 324, 337-F(iii), 337(A)(i), 337A(2), 148, 149, P.P.C. At Police Station Musa Khel, District Mianwali.
2. Brief facts of the case are that on 10-9-2007 at about 2-30 p.m. Complainant, Muhammad Khan, along with his family and brother were present in the house when the petitioner and other co- accused armed with weapons entered their house. Muhammad Iqbal raised Lalkara to the effect that they will teach them lesson for insulting them and the petitioner resorted to fire with .12 bore gun which hit Sagheer Ahmed on his left flank. As a result Sagheer Ahmed fell on the ground and the other co-accused inflicted injuries on the rest of the inmates of the house.
3. Learned counsel for the petitioner submits that the petitioner was found innocent by the police.
He has, therefore, relied upon Nazar Hussain Shah and another v. The State (2007 PCr.LJ 1274) which enumerates the fact that if police declares anybody innocent then bail should be granted as a matter of right. He further submits that the petitioner was found empty handed and no recovery was effected from him, therefore, this case is that of further inquiry into the guilt of the petitioner.
4. While opposing the bail application, complainant's counsel submits that the petitioner is named in the F.I.R. And specific role has been attributed to him. He further states that the petitioner hit shot with his gun on the vital part of the body of Sagheer Ahmed, who is still in the hospital and under treatment. The petitioner is held guilty by the police.
5. Learned D.P.G. Has also opposed the bail application and submits that the fire-arm injury attributed to the petitioner was declared "Ghair Jafiah Hashimah" which is not a bailable offence.
Medical evidence also corroborates the version of the F.I.R. During the investigation sections 452 and 337-F(5) were added in the F.I.R. He further submits that challan has also been submitted in the trial Court.
6. I have heard the learned counsel for the petitioner, learned counsel for the complainant as well as learned D.P.G. And have also perused the record. The petitioner is positively named in the F.I.R., with specific role and had fired shot on the vital part of the body of Sagheer Ahmed who is still under treatment and is hospitalized due to the said injury. The petitioner has of course been held guilty by the police. The medical evidence also corroborates the version narrated in the F.I.R.
Moreover. Fire-arm injury attributed to the petitioner IA has also been declared "Ghair Jaifah Hashimah" which is not a bailable offence. The challan has also been submitted in the trial Court.
7. For the forgoing reasons, I am not inclined in admitting the, petitioner to post-arrest bail, at this stage, thus, the present petition stands dismissed.