ATTAULLAH and another vs THE STATE and another
This matter comes before the Peshawar High Court through a bail petition filed by the accused petitioners, Attaullah and Moeen Ullah, seeking post-arrest bail in case F.I.R. No. 59 dated 10-3-2010 registered at Police Station Domail, Bannu under sections 336/34 of the Pakistan Penal Code 1860. The core legal question concerns whether the petitioners are entitled to the concession of bail when the medical evidence regarding blunt injuries does not prima facie correspond to the specific lethal weapons attributed to them in the promptly lodged F.I.R., while the weapon capable of causing such injuries is attributed to an absconding co-accused. The court held that the tentative assessment of evidence reveals no active role of the petitioners in causing the complainant's injuries, rendering their case one of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. Consequently, the court accepted the application and granted post-arrest bail to the petitioners subject to furnishing appropriate security bonds, laying down the principle that medical inconsistency regarding weapon attribution creates reasonable grounds for further inquiry warranting bail.
- Whether the petitioners are entitled to post-arrest bail when the medical evidence shows blunt injuries inconsistent with the deadly weapons attributed to them?
- Does a discrepancy between the specific weapons assigned to accused persons and the actual injuries sustained by the complainant bring the case within the scope of further inquiry?
- Section 336, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
' ATTAULLAH KHAN, J.---Attaullah and Moeen Ullah, accused/petitioners have filed the instant petition for bail after failing to get the same from the lower forum. Both of them are charged under sections 336/34, P.P.C. Vide case F.I.R. No,59 dated 10-3-2010 of Police Station Domail, Bannu.
2. Arguments heard and record perused.
3. According to the complainant while coming from the market when reached to the place of occurrence, a motorcar stopped near him in which Moeen Ullah, Atta Ullah (the petitioners) and Rifat Ullah were present. They de-boarded from the motorcar and attacked the complainant.
Moeen Ullah petitioner was armed with Kalashnikov, Atta Ullah with dagger and Rifat Ullah with danda. The complainant got injured. The motive is a dispute Over landed property.
4. According to learned counsel for the petitioners, the injuries sustained by the complainant are, blunt and these injuries is supposed to have been caused by danda blow which was having with accused Rifat Ullah, who has absconded and not before the Court. Out of two petitioners, one is charged with Kalashnikov and the other with dagger, therefore, according to learned counsel for the accused-petitioners, the case of accused- petitioners is of further inquiry and they are entitled to the concession of bail.
5. The learned D.A.-G. On behalf of State contended that the accused-petitioners are directly charged in the promptly lodged F.I.R. The medical report also supports the allegations of the prosecution.
6. The tentative assessm ent of evidence so far collected shows that one of the petitioner namely Atta Ullah is shown as armed with dagger while Faiz Ullah, petitioner with Kalashnikov. The injuries sustained by the complainant are blunt which may be the result of danda attributed to absconding accused Rifat Ullah. So in this way there seems no role of the present petitioners in causing blunt injuries. Had they participated, there should have been a bullet injury or a lacerated wound. So in these A circumstances, the case of the accused-petitioners is of further inquiry.
7. The result is that the petitioners are entitled to bail, therefore, I accept the application and allow bail to the petitioners provided they furnishes bail bond in the sum of rupees fifty thousand each with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate, who shall see that the sureties are local, reliable and men of means.