MUHAMMAD HUSSAIN alias ZANGI vs THE STATE and another
This matter arises from three criminal miscellaneous applications filed by petitioners Nasir, Muhammad Hussain, and Muhammad Ajmal seeking post-arrest bail in case F.I.R. No. 206/2007 registered under sections 337-D, 337-F(iii), 337-F(vi), 337-F(v), 337-A(i), 302, 324, 148, and 149 of the Pakistan Penal Code 1860 at Police Station City Rajanpur, District Rajanpur, concerning a murderous assault resulting in the death of one person and injuries to nine others. The core legal question is whether the petitioners are entitled to post-arrest bail given the specific allegations, recovery of weapons matching crime empties, and previous criminal records. The Lahore High Court held that the petitioners failed to make out a case for bail, noting they were named in the F.I.R., armed with firearms, linked through forensic matching of recovered weapons with crime empties, and possessed previous criminal records of violence. Consequently, all three bail applications were dismissed.
- Whether post-arrest bail can be granted to accused persons named in the F.I.R. who are connected to the crime through forensic matching of recovered weapons and crime empties?
- Does a previous criminal record of violence disentitle an accused person from the concession of post-arrest bail?
- Whether active participation in a murderous assault involving multiple injuries and a death warrants the dismissal of bail petitions?
- Section 337-D, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' MUHAMMAD KHALID ALVI, J.----Through this single order I propose to decide Crl. Misc. No,292- B/2008, Crl. Misc. No,356-B/2008 . And Crl. Misc. No,507-B/2008 as all the three cases arise out of the same F.I.R.
2. Petitioners Nasir, Muhammad Hussain and Muhammad Ajmal seek bail after arrest in case F.I.R.
No,206/2007, dated 5-9-2007 under sections 337-D, 337-F(iii), 337-F-(vi), 337-F(v), 337-A(i), 302, 324, 148, and 149, P.P.C. Registered at Police Station City Rajanpur District Raj anpur. .
3. As per F.I.R. Specific allegation against the accused/petitioners is that they along with their other co-accused launched murders assault on the complainant party, resorted to firing resulting in the death of one Faqir Bakhsh and nine persons were injured.
4. It is contended by the learned Counsel for the petitioners that story narrated in the F.I.R. Is highly improbable; that none of the three petitioners was alleged to have caused any injury to the deceased; that apart from Ajmal who allegedly fired twice, the other two petitioners did not repeat any fire; that injury attributed to Nasir petitioner is "Shuja Khafifa", which is otherwise bailable; that no empty was recovered from the spot; that the injuries attributed to the petitioners are on non- vital parts of the body of the P.Ws.; that co-accused Muhammad Bakhsh who had allegedly caused injuries to deceased Faqir Bakhsh has been allowed bail by the learned A.S.J vide order dated 27-7-2008.
5. On the other hand, learned State Counsel assistant by learned Counsel for the complainant contends that from all the three petitioners their respective weapons were recovered after arrest, which were sent to the Forensic Science Laboratory, where the empties recovered from the spot were also sent and according to the report empties had matched the weapons recovered from the petitioners. It is further added that Ajmal petitioner is already involved in four cases of violence whereas Nasir and Zangi petitioners are also involved in similar cases; three against Nasir and five against Zangi.
6. I have considered the arguments of the learned Counsel for the parties.
7. All the three petitioners are named in the F.I.R. They were armed with firearm weapons; they had caused injuries to the P.Ws, whereas, as a result of the combined act of all the accused persons one person lost life, whereas 9 others suffered fire-arm injuries. Petitioners are also holding previous criminal record of violence. Weapons recovered from them have cross-matched with the empties recovered from the spot. In these circumstances, no case for grant of bail is made out for any of the petitioners. Resultantly, all the three applications are dismissed.