MUHAMMAD ISLAM and another vs STATE and another
This matter concerns a petition for post-arrest bail filed by the petitioners in connection with FIR No. 490/2008, registered under Sections 324, 337-F(i), 337-L(ii), 337-H(ii), 448, 511, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to bail given the allegations of firing and the nature of the injuries sustained by the complainant party. Upon review, the Court observed that the medical evidence indicated only a skin-deep wound classified as Shujah-e-Khafifah, which is a bailable offence. Furthermore, the Court noted that the petitioners did not repeat their fire shots, suggesting a lack of intent to commit Qatal-e-Amd, rendering the applicability of Section 324 of the Pakistan Penal Code 1860 a matter for further probe. Holding that the investigation was complete and the petitioners were no longer required for custodial interrogation, the Court granted bail. The key principle laid down is that where the medical evidence contradicts the gravity of the alleged offence and the accused's actions do not demonstrate a clear intent to kill, the case for bail is strengthened, particularly when the investigation is concluded.
- Does the absence of repeated fire shots by an accused negate the intent required for an offence under Section 324 of the Pakistan Penal Code 1860?
- Is an accused entitled to bail when the medical report indicates injuries corresponding only to bailable offences despite allegations of firing?
- Should bail be granted when the investigation is complete and the accused is no longer required for custodial interrogation?
- Section 324, Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 448, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
The petitioners seek bail after arrest in case FIR No, 490 dated 18.11.2008 registered u/S. 324/337- F(i)/L(ii)/H(ii)/448/511/148/149 PPC at Police Station Sadar Burewala District Vehari.
2. Briefly, the allegations against the petitioners and their co-accused are that they while armed with deadly weapons came alongwith their cattle and started tying their cattle inside the wall of Mill. When the complainant stopped them from doing so, they started abusing him.
Muhammad Islam caused a fire which hit Irshad Ahmad at left side of his face. Second fire was caused by Muhammad Aslam at Muhammad Faiz who saved himself by lying on the ground.
Muhammad Ashraf caused fire shot at the complainant but the complainant saved himself' by moving behind the wall. Naeem and Jamal Din also caused fire shots. Thereafter, Muhammad Aslam and Naeem caught hold of Irshad Ahmad. Muhammad Aslam gave blow of rifle butt at right knee of Irshad Ahmad while Naeem inflicted pistol butt blow at left calf of Irshad Ahmad.
3. After hearing the learned counsel for the parties and perusing the record, it has been noticed by this Court that the petitioners were armed with fire-arms. The fire shot attributed to Muhammad Islam Petitioner No, 1 hit on the left side of face of Irshad Ahmad. The fire shot by Muhammad Naeem remained in-effective. A perusal of the medico legal report indicates that a skin deep rounded wound was noticed on the person of Irshad Ahmad which was Shujah-e-Khafifah creating a bailable offence. Muhammad Islam petitioner did not repeat the second fire. Similar is the case of Muhammad Naeem. Had both the petitioners been equipped with an intention to commit Qatal-e-Amd of PWs, there was hardly anything in their way to shot fire at them and caused their death. The question of the applicability of Section 324 PPC is a matter of further probe.
The petitioners were arrested in this case, sent to judicial lock up and at present, their person is no more required for the purpose of investigation. Offences under Sections 337-F(i)/L(ii)/H(ii)/448/511/ 148/149 PPC are bailable. In these circumstances, the petitioners have made out a case for the grant of bail. Though, the learned counsel for the complainant relies upon the cases of Muhammad Ali Khan alias Mamdal vs. The State and 2 others (2007 P.Cr.L.J. 217), Muhammad Sarwar and others vs. The State (1998 SD 32), Muhammad Nawaz vs. The State (NLR 1999 Criminal 9) and Muhammad Ramzan and others vs. The State (PLD 1996 Lahore 126), but I am afraid that the facts and circumstances of the stated precedents are distinguishable and not applicable to the present case.
4. Resultantly, this petition is allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs, 1,00,000/- (Rs, One lac only) each with one surety each in the like amount to the satisfaction of Illaqa/Duty Magistrate.