AHMED ALI vs THE STATE
This matter arises from a pre-arrest bail application filed by Ahmed Ali in Crime No. 295/2009 registered at Police Station K.N. Shah under section 324 P.P.C. The core legal question concerns whether the applicant is entitled to the confirmation of pre-arrest bail where the firearm injury attributed to him is on a non-vital part of the body, does not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, and the State does not oppose the bail. The Sindh High Court held that since the offense does not attract the prohibitory clause and the accused has joined the trial, the interim pre-arrest bail should be confirmed. The key principle laid down is that bail is appropriately confirmed where the assigned injury is non-vital, falls outside the prohibitory clause, and the accused cooperates with the trial proceedings without opposition from the State.
- Whether pre-arrest bail should be confirmed when the injury attributed to the accused is on a non-vital part of the body and falls outside the prohibitory clause of Section 497 Cr.P.C.?
- Does the absence of the State's opposition to a bail application influence the confirmation of pre-arrest bail?
- Is an accused who has joined the trial entitled to confirmation of interim pre-arrest bail under non-prohibitory offenses?
- Section 324, Pakistan Penal Code
- Section 497, Code of Criminal Procedure 1898
ORDER
1. SYED HASSAN AZHAR RIZVI, J.---By order dated 16-1-2009, the applicant was admitted to interim pre arrest bail in Crime No, 295/2009 Police Station K.N. Shah, and today it is fixed for confirmation or otherwise.
2. The allegation against present applicant is that on 9-7-2009, he along with co-accused Sikander Ali, Ismail duly armed with Pistols and Abdullah Mithal, Abdul Rehman, and Ali Gohar having "Dandas" arrived at the place of vardat. Accused Abdul Rehman abused complainant party and present applicant.Ahmed Ali fired from his pistol at P.W. Khadim Hussain which hit him on his left leg at his thigh, while Abdul Rehman instigated rest of accused who lay down complainant party and caused them butt blows of pistol and "Danda".
3. Learned counsel for the applicant contended that the F.I.R is delayed for three days and no plausible explanation for such delay has been furnished. The injury assigned to the present applicant is not on vital part of body of injured. The accused did not repeat fire upon complainant therefore, application of section 324 P.P:C. would be determined at the time of trial. Learned counsel further contended that there are counter cases between the parties. Learned counsel lastly submitted that the applicant has joined the trial and no purpose would be served if he is refused bail and remanded to jail.
4. Learned State counsel does not oppose confirmation of bail, while submitting that the injuries on the person of injured Khadim Hussain carry maximum punishment of about three years, therefore, does not come within ambit of prohibitory clause of section 497, Cr.P.C.
5. Since the injuries on the person of injured Khadim Hussain, which have been assigned to the present applicant does not fall within the prohibitory clause of section 497, Cr.P.C. and are on non- vital part of his body; and that the applicant has joined the trial, therefore, interim pre arrest bail already granted to applicant vide order 16-1-2009, is hereby confirmed on same terms and conditions.