RAEES AHMED and 2 others vs THE STATE
This matter comes before the High Court through criminal bail applications filed by the applicants seeking confirmation of pre-arrest bail in respect of Crime No. 51 of 2006 registered at Police Station Hosri under sections 324, 337-A(i), 337-F(i) and 34 of the Pakistan Penal Code. The core legal question concerns whether the applicants are entitled to confirmation of pre-arrest bail where the main and fatal or sharp-weapon allegations are attributed to an absconding co-accused, while the applicants are assigned minor roles of causing blunt weapon and brick blows. The court held that since the primary allegations of sharp-weapon injuries are directed against the absconding accused and the applicants have been regularly attending the trial court, their pre-arrest bail should be confirmed. The key principle laid down is that where the role assigned to the accused seeking bail does not fall within prohibitory clauses or entail capital punishment, and they cooperate with the trial proceedings, pre-arrest bail is appropriately confirmed subject to enhanced surety.
- Whether pre-arrest bail should be confirmed when the main allegation of sharp-weapon injury is attributed to an absconding co-accused rather than the applicants?
- Are applicants assigned minor roles of blunt and brick blows entitled to confirmation of pre-arrest bail?
- Can surety amounts be enhanced while confirming pre-arrest bail in view of subsequent allegations and circumstances?
- Section 324, Pakistan Penal Code
- Section 337-A(i), Pakistan Penal Code
- Section 337-F(i), Pakistan Penal Code
- Section 34, Pakistan Penal Code
ORDER
1. ' MUSHIR ALAM, J.---The applicants Raees Ahmed, Rafique Ahmed in Criminal Bail Application No,42 of 2007 and Adnan in Criminal Bail Application No,121 of 2007, all nominated in Crime No,51 of 2006, P.S. Hosri for an offence under sections 324, 337-A(i), 337-F(i) 34, P.P.C.
2. ' Allegation against the applicants Raees Ahmed and Rafique Ahmed is of causing butt blows to the injured Zubair and applicant Adnan is alleged to have caused brick blows to Zubair.. Allegation against other co-accused Ahsan is of causing knife injuries on the back abdomen of Zubair.
3. Medical report apparently substantiates five injuries, four from the sharp-weapon apparently caused by absconding accused Ahsan and one hard and blunt injury opined as fallen under section 337-A(i), which does not entail capital punishment.
4. ' Mr. Basharat Ahmed Jatt, learned counsel appearing for the complainant opposes the bail. It was contended that the accused persons have also lodged false F.I.R. Against the complainant which F.I.R. Has been disposed in 'B class. The accused persons are causing threat intimidating the complainant to pressurize them to withdraw from the prosecution.
5. ' Since the main allegation is on the absconding accused who is also brother of the present applicants. Since the applicants are regularly attending the trial Court on pre-arrest bail, the bail granted earlier is confirmed, however, in view of the allegations and the circumstances of the case, the surety amount is enhanced to another surety of Rs,50,000 (Fifty Thousand) each and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court to be furnished within eleven days.
6. ' The applicants are directed to continue to appear before the learned trial Court on each and every date. In case any misuse or abuse of concession of bail is brought to the notice of the trial