SHAHAMAND & 5 others vs STATE and another
This order addresses a pre-arrest bail application filed by six petitioners in a case registered under Sections 337-A(ii), 337-F(i), 337-H2, 354, 430, 148, and 149 of the Pakistan Penal Code. The allegations involved an assault on the complainant party, resulting in various injuries inflicted by specific petitioners using a hatchet and sota. Counsel for the petitioners opted not to press the application for four of the accused (Shah Baig, Muhammad Ali, Mazhar Iqbal, and Sarwar), leading to its dismissal for them. For the remaining two petitioners, Shahamand and Allah Wadhaya, the sole allegation was aerial firing, despite their admitted presence at the scene, which was also acknowledged in the cross-version. The Court, considering both the prosecution and cross-versions, found that the limited role of aerial firing attributed to Shahamand and Allah Wadhaya warranted confirmation of their pre-arrest bail. The trial court was tasked with determining the effect of the alleged aerial firing after recording evidence. Consequently, their pre-arrest bail was confirmed subject to furnishing fresh bail bonds.
- Does an allegation of mere aerial firing, without direct involvement in physical assault, warrant denial of pre-arrest bail?
- Can pre-arrest bail be granted to an accused whose presence at the crime scene is admitted but whose attributed role is limited?
- How does the existence of a cross-version impact the consideration of a pre-arrest bail application?
- What is the role of the trial court in determining the effect of aerial firing allegations during a pre-arrest bail confirmation?
- Section 337-A(ii), Pakistan Penal Code
- Section 337-F(i), Pakistan Penal Code
- Section 337-H2, Pakistan Penal Code
- Section 354, Pakistan Penal Code
- Section 430, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 149, Pakistan Penal Code
ORDER
Petitioners Shahamand, Allah Wadhaya, Shah Baig, Muhammad Ali, Mazhar Iqbal and Sarwar seek their pre-arrest bail in case FIR No, 421/2008 dated 1.8.2008 under Sections 337-A(ii), 337-F(i), 337- H2, 354, 430, 148, 149 PPC registered at Police Station Noor Shah District Sahiwal.
2. Precisely the allegations against the petitioners are that they assaulted upon the complainant party as a result of which Mst. Jannat Bibi received a head injury by Sarwar petitioner with the hatchet and Shah Baig petitioner gave Sota blow to Mairaj Bibi hitting her elbow, Mst. Shehnaz Bibi was injured by Muhammad Ali petitioner with the hatchet and Mazher Iqbal petitioner also gave a Sota blow which hit on the left arm of Mst. Kubra Bibi.
3. Learned counsel for the petitioners at the very outset does not want to press this application to the extent of Shah Baig Muhammad Ali, Mazhar Iqbal and Sarwar, therefore, this application to their extent is dismissed as not pressed.
4. With regard to Shahamand and Allah Wadhaya petitioners it is submitted that only allegation against the said two petitioners is that of aerial firing; that they have been falsely implicated merely on account of their presence, as their presence is certainly admitted in cross-version furnished by the petitioners as well.
5. On the other hand, learned DPG assisted by learned counsel for the complainant contends that motive is attributed to Shahamand petitioner and Allah Wadhaya petitioner is also somewhere connected with the motive part.
6. I have considered the arguments of the learned counsel for the parties.
7. Certainly, keeping in view the prosecution version and the cross-version petitioners Shahamand and Allah Wadhaya were present at the spot but the only role attributed to them is that of aerial firing. It will be seen by the learned trial Court after recording evidence as to whether they actually made aerial firing and, if so, what is its effect, therefore, to their extent this application is allowed and pre-arrest bail already granted to Shahamand and Allah Wadhaya petitioners vide order dated 24.10.2008 is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs, 1,00,000/- (Rupees one lac only) each with one surety each in the like amount to the satisfaction of learned trial Court.