BASHIR AHMED and another vs THE STATE and another
This criminal petition concerns a request for post-arrest bail by the petitioner, Manzoor Ahmad, who was implicated alongside twenty other co-accused in a criminal case involving allegations of assault and causing injuries. The core legal question was whether the petitioner was entitled to bail given the nature of the specific injury attributed to him and the overall circumstances of the prosecution's case. The Court observed that the specific allegation against the petitioner was a single stick blow to the complainant's nose, but the medico-legal report described the injury as skin-deep and inconsistent with the weapon allegedly used. Furthermore, the Court noted that the complainant had implicated a large number of persons in the incident, casting doubt on the specific role attributed to the petitioner. Consequently, the Court held that the petitioner had made out a case for further inquiry and admitted him to post-arrest bail, emphasizing that the nature of the injury and the broad scope of the accusation warranted relief pending trial.
- Whether a petitioner is entitled to bail when the medical evidence contradicts the specific allegation of weapon use?
- Does the implication of a large number of accused persons in a single FIR warrant a deeper scrutiny of individual roles for the purpose of bail?
- Section 379, Pakistan Penal Code 1860
- Section 342, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 334, Pakistan Penal Code 1860
ORDER
' MUHAMMAD FARRUKH MAHMUD, J.--- This petition to the extent of Bashir Ahmad petitioner is dismissed as having not been pressed for the time being.
2. Manzoor Ahmad has sought post-arrest bail in case F.I.R. No,6 registered at Police Station Sadar Khanpur on 6-1-2006 for offences under sections 379/342/148/149, P.P.C. After the receipt of medico-legal reports (M.L.Rs,) offences under sections 337-A(ij)/337-F(v)/334, P.P.C. Were added.
3. Briefly, according to prosecution case, twenty-one accused, including the petitioner, who were armed, launched criminal assault upon the complainant party and caused injuries to four persons.
The specific allegation against the petitioner is that he gave a' stick blow on the nose of Faiz-ul- Hassan P.W.
4. I have heard the learned counsel for the parties and have also gone through the relevant record of the case.
5. It has been noticed that a single stick blow has been attributed to the petitioner; that according to M.L.R., the dimension of the injury attributed to the petitioner was 1/2 c.m. x 1/4 c.m. x skin deep.
Prima facie, it does not appear to be an injury caused by Dang. Further more, the complainant threw a very large net and implicated twenty-one persons in the case. In these circumstances, I am inclined to admit the petitioner to bail subject to his furnishing bail bond in the sum of Rupees fifty thousands with one surety in the like amount to the satisfaction of the learned trial Court.