AYAN SHAH vs THE STATE and another
The accused/petitioner sought post-arrest bail in case F.I.R. No. 117 dated 28-5-2009 registered under sections 324/34/337-F(iii), PPC at Police Station Dargai, for effectively firing at the complainant and causing injuries. The core legal question was whether the petitioner was entitled to the concession of post-arrest bail given the direct charge, corroborating medical evidence, and recovery of empties from the spot. The Peshawar High Court held that the petitioner's prima facie involvement was established and the offence fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, rendering him disentitled to bail. The petition was accordingly dismissed, with a direction to the trial court to conclude the trial within three months.
- Is an accused charged with effectively firing at a complainant entitled to post-arrest bail when supported by a medico-legal report and recovery of empties?
- Does an offence falling under the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 bar the grant of bail when prima facie involvement is established?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
' MAZHAR ALAM KHAN MIANKHEL, J.---Through the instant bail petition, the accused/petitioner seeks his release on bail in case F.I.R. No, 117, dated 28-5-2009 registered under sections 324/34/337-F (iii), PPC Police Station, Dargai whereby he was charged by one Nadir Khan son of Fazal Qadar resident of Wartir Tehsil Dargai District Malakand for effectively firing on this person with the intention to commit his Qatl-e-amd. Resultantly, he was hit on left hand and on left foot, whereas motive for the offence was the previous enmity.
2. Learned counsel for the petitioner, learned counsel for the State assisted by learned counsel for the complainant were heard and record of the case was perused which reveals that the petitioner is directly charged for effectively firing on complainant. The Medico-legal Report further supports the version of the complainant and the recoveries of empties were also made from the spot. The trial of the case is also in progress, so without commenting upon the material available on record.
The involvement of the accused/petitioner in the commission of offence is prima facie established, punishment provided for which falls under the Prohibitory Clause of section 497, Cr.P.C., so he is not entitled to the concession of bail.
3. Resultantly, this petition is dismissed. However, the trial Court is directed to conclude the trial within a period of three months failing which the accused/petitioner will be at liberty to move afresh for his release on bail.
Cited by 1 case
- Dado Adam son of Muhammad Qasim Abbasi vs The State 2021 SHC 798