HAMID vs THE STATE
This bail application was filed before the Sindh High Court by the applicant, Hamid, who was nominated in an FIR registered under Sections 302, 114, and 34 of the Pakistan Penal Code 1860. The prosecution alleged that the applicant, armed with a DBBL gun, along with co-accused persons, intercepted the complainant and his brothers, whereupon the co-accused attacked the deceased with sickles at the applicant's instigation. The applicant's counsel contended that no specific role causing injuries was attributed to him and that the medical report reflected injuries caused only by sharp-cutting weapons, rendering false implication possible. The State conceded that the deceased did not suffer any firearm injuries. The High Court observed that because the deceased had exclusively sustained sharp-edged weapon injuries and no direct role in inflicting fatal injuries was assigned to the applicant who carried a firearm, his case called for further inquiry. Consequently, the High Court granted bail to the applicant subject to furnishing a solvent surety.
- Whether an accused armed with a firearm is entitled to bail when the medical evidence reveals that all fatal injuries were caused exclusively by sharp-cutting weapons?
- Whether mere allegation of instigation without an active role in causing physical injuries makes a murder case one of further inquiry for bail purposes?
- Section 302, Pakistan Penal Code 1860
- Section 114, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' MRS. YASMIN ABBASEY, J.---Applicant Hamid, who is registered in Crime No,56 of 2004, Police Station Tando Jam, under sections 302, 114 and 34, P.P.C., has moved this application for the grant of bail.
2. Case of prosecution is that on 15-6-2004, when the complainant along his brothers Ghulam Nabi and Allandad was going towards Tando Qaiser and when reached in front of the water pump, this applicant along with his companion namely Kando, Aijaz Khoso, Jummo and Sohrab armed with weapons followed them: After reaching near to the complainant and his brothers they got them down from the tonga and started using abusive language due to old enmity in between the parties. It is stated that at the instigation of this applicant all the four persons attacked on the complainant. Complainant and his brother Allandad saved their lives after running from the place of incident, however, they caught hold Ghulam Nabi, all the four culprits started giving sickle blows on his head and other parts of body. During this maltreatment Ghulam Nabi fell down on the ground. Thereafter all the culprits left the place of incident. After leaving of culprits, complainant saw that his brother Ghulam Nabi has died.
3. Learned counsel for the applicant pointed out that no specific role has been assigned to this applicant as all the four culprits have jointly beaten the deceased. At this stage it is difficult to ascertain that at whose hand deceased Ghulam Nabi received fatal injuries. It is further pointed out that this applicant Hamid is shown to have armed with DBBL gun at the time of incident but as per medical report all the injuries sustained by the deceased were caused to him by sharp cutting weapon, :hence, false implication of this applicant cannot be ruled out.
4. Mr. Muhammad Azeem Panhwar, learned Advocate for the State has also conceded to the fact that the deceased received injuries from sharp cutting weapon, whereas applicant Hamid was armed with firearm weapon.
5. From perusal of record it appears that deceased Ghulam Nabi had not received any firearm injury on his person, all the injuries sustained by him were through sharp edged weapon, hence, at this stage there is no direct role against this applicant, which makes the case of applicant Hamid that of further inquiry. In view of forgoing reasons, applicant Hamid is allowed to be enlarged on bail subject to furnishing solvent surety in the sum of Rs, 200,000 (Rupees Two lac) and P.R. Bond in the like amount to the satisfaction of learned trial Court.
Cited by 1 case
- ABDUL KHALIQUE and anothers vs The STATE 2013 YLR 1450