PUTWARI vs THE STATE
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal against the order of the Lahore High Court dated August 11, 1978, whereby the petitioner's application for post-arrest bail was dismissed. The petitioner is facing prosecution along with others under sections 148, 302, and 324 read with section 149 of the Pakistan Penal Code for rioting, causing injuries to witnesses, and the murder of a young boy by inflicting fatal blows to the head. The core legal question is whether the petitioner is entitled to bail given the contention that the fatal injuries were sustained by accident during a fight and lacked murderous intent. The Supreme Court held that upon examining the medical evidence showing multiple blunt weapon injuries to the head, it is not possible at the bail stage to accept the argument of accidental causation. Consequently, the Court upheld the High Court's decision and dismissed the petition for leave to appeal, affirming the principle that multiple targeted blows to a vital part preclude a finding of accidental injury for the purpose of granting bail.
- Whether bail should be granted when multiple blunt weapon injuries are inflicted on the head of a deceased child?
- Can the plea of accidental injury be accepted at the bail stage in a murder prosecution?
- Does the absence of motive alone warrant the enlargement of an accused on bail in a capital case?
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 300, Pakistan Penal Code 1860
ORDER
1. ' ANWARUL HAQ, C. J.-The petitioner, along with five others, is facing prosecution under sections 148, 302 and 324 of the Pakistan Penal Code read with section 149 thereof, for causing injuries to some of the prosecution witnesses, and for causing the death of one Hassan Din, a young boy aged g or 9 years, by inflicting three Danda blows on his head, which resulted in the fracture of the skull. A learned Judge in the Lahore High Court has refused, by his order dated the 11th of August, 1978, to enlarge the petitioner on bait. He seeks leave to appeal.
2. ' It is submitted by Mr. Abdur Rahman, appearing for the petitioner, that the petitioner had no motive or reason to kill the young boy Hassan Din and that, in fact, he sustained these injuries only by accident during the course of a fight between the accused and the prosecution witnesses. It appears to the learned counsel that, in these circumstances, the offence, if any, committed by the petitioner will not fall within the definition of murder as contained in section 300 of the Pakistan Penal Code.
3. From a perusal of the medical evidence placed before us by the learned counsel for the petitioner, it appears that the deceased had sustained three blunt weapon injuries on his head. In the circumstances, it is not possible at this stage to accept the contention that all the three injuries were caused by accident. We are, therefore, of the view that the learned Judge in the High Court was right in refusing bail.
4. ' The petition, accordingly, fails and is hereby dismissed.