MANZOOR AHMED vs STATE & another
The petitioner Manzoor Ahmed sought post-arrest bail in case F.I.R No. 371/2008 registered under Sections 337-F(v), 337-F(iii), 337-A(ii), 337-F(i), 337-A(i), 337-L(2), 148 and 149 of the Pakistan Penal Code 1860 at Police Station Dera Rahim, District Sahiwal. The core legal question was whether the petitioner was entitled to post-arrest bail when injuries on the accused side were suppressed in the initial F.I.R and the question of who was the aggressor required further inquiry. The Lahore High Court held that since injuries sustained by the accused party were suppressed in the F.I.R, a complaint by the petitioner's party resulted in summoning of the opposing accused by the trial court, none of the offences fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and the petitioner had been incarcerated for a considerable period with investigation completed, the case called for further inquiry. The court laid down the principle that the suppression of cross-injuries by the complainant party makes the question of aggressor and aggressed one for further inquiry under Section 497(2), Code of Criminal Procedure 1898, warranting bail when offences do not fall within the prohibitory clause.
- Whether post-arrest bail should be granted when the complainant party suppresses injuries sustained by the accused party in the same occurrence?
- Does an offence not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 entitle the accused to bail as a rule when further inquiry is made out?
- Is bail justified when the investigation is complete and continuous incarceration serves no useful purpose?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Manzoor Ahmed, the petitioner, by submitting this application has sought the concession of post- arrest bail in case F.I.R No, 371/2008, dated 5-9-2008, registered at Police Station Dera Rahim, District Sahiwal, in respect of the offences under Sections 337-F(v), 337-F(iii), 337-A(ii), 337-F(i), 337-A(i), 337-L(2), 148 and 149, P.P.C.
2. Precise allegation against the petitioner as per the contents of the F.I.R is giving a hatchet blow on the head of Mst Fatima Bibi, injured PW besides giving a blow on her hand with the wrong side of his hatchet.
3. Heard. Record perused.
4. According to the petitioner in the same occurrence two people including a lady from the accused side also received injuries at the hands of the complainant-party. Admittedly, the said injured people were also medically examined on the day of occurrence. According to Medico-Legal Certificate Afran, a co-accused of the petitioner had received a fire-arm injury as well. Admittedly, the injuries suffered by said Afran and Mst. Waziran Bibi were suppressed by the complainant side while lodging the F.I.R. It is true that the cross-version lodged by the accused party was found to be false, however, on the complaint filed by the petitioner's party the accused named therein have already been summoned by the learned trial Court to face the trial vide order dated 16-12-2008.
5. In these circumstances it is yet to be determined as to which of the parties was aggressor and which party was aggressed upon. Besides it, none of the offences allegedly committed by the petitioner falls within the prohibitory clause of Section 497, Cr.P.C. Moreover, the petitioner has been facing incarceration since 4-1-2009. The investigation has already been completed, therefore, no useful purpose would be served by detaining the petitioner in jail any more.
6. Consequently, while relying upon the cases of Shoaib Mehmood Butt u. Iftikhar-ul-Haq and 3 others (1996 SCM R 1845) and Tariq Bashir and 5 others u. The, State (PLD 1995 SC 34), the application in hand is accepted and the petitioner is allowed the concession of post-arrest bail, subject to his furnishing bail bonds in a sum of Rs, 1,00,000/- (rupees one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.