MUHAMMAD AWAIS vs THE STATE and another
This criminal miscellaneous petition was filed by Muhammad Awais seeking post-arrest bail in case F.I.R. No. 97 registered under sections 337-F(v) and 427 read with section 34 of the Pakistan Penal Code at Police Station D-Type Colony, Faisalabad. The core legal question was whether the petitioner was entitled to post-arrest bail where no specific injury was attributed to him, notwithstanding his alleged absconsion. The Lahore High Court held that since no injury was ascribed to the petitioner and the question of his sharing common intention required determination at trial, his case fell within the scope of further inquiry covered under subsection (2) of section 497 of the Code of Criminal Procedure. The Court laid down the principle that an accused person whose case is otherwise fit for bail cannot be refused such relief merely on the ground of alleged absconsion. Consequently, the petition was accepted and the petitioner was admitted to post-arrest bail subject to furnishing requisite security bonds.
- Whether an accused person can be refused bail solely on the ground of alleged absconsion when his case is otherwise fit for bail?
- Does a case fall under further inquiry covered by subsection (2) of section 497 of the Code of Criminal Procedure 1898 when no injury is ascribed to the accused in the F.I.R.?
- How is the question of sharing common intention under section 34 of the Pakistan Penal Code 1860 treated at the bail stage?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
CH. IFTIKHAR HUSSAIN, J.-----Petitioner Muhammad Awais through the instant petition has sought for post arrest bail in case F.I.R. No,97 registered under sections 337-F(v), 427 read with section 34, P.P.C. with Police Station D-Type Colony, Faisalabad on 27-2-2008.
2. Briefly the prosecution case as per the F.I.R. is that on 8-2-2008 at about 2-00 p.m. Sh. Irfan, Awais (petitioner), Shoaib Faizan alias Tota having sotas have stopped the car of complainant Mehmood Hussain Rehmani and they forcibly got him alighted therefrom. Sh. Irfan inflicted him sota blow hitting on his left hand and as a result whereof his little finger was fractured. Shoaib gave him sota blow hitting on his left hand and as a result of the same middle finger of that hand was fractured. Awais (petitioner) inflicted him sota blow but he stepped backward and as a result whereof he did not sustain injury. Faizan gave blow with sota on the rear screen of his vehicle and a result of the same it was broken. Abdul Razzaq and Usman witnessed the occurrence and they rescued him. The motive behind the occurrence is hostility between the parties over election.
3. After hearing the learned counsel for the parties and perusing the record, I find that though he is named in the F.I.R. but no injury to the complainant is ascribed to him. The question of his sharing common intention would be determined at trial. Hence, from such an angle, his case definitely is one of further inquiry into his guilt and so, covered under subsection (2) of section 497, Cr.P.C.
4. The learned D.P.-G. has submitted that he has remained an absconder for quite sometime and so, has lost normal right to bail. I am afraid that this contention is not with force in his case as it is now very well settled proposition in criminal administration of justice that case of an accused, when may, otherwise, be found fit for bail, he then cannot be refused such relief merely for the reason of his alleged absconsion. In this regard, reference can be made to the case of Muhammad Riaz v. The State and another (2010 M LD 1063 Lahore), Saeed v. State and another 2008 PCr.LJ 726, Asghar Ali alias Kaloo v. The State (PLD 2008 Lahore 191) and Muzaffar Ali v. The State 2007 YLR 2579.
5. He is stated to be behind the bars for the last about three months and a previous non-convict, which has not been controverted by the other side.
6. In these circumstances of the case, I have been persuaded to hold that case for his enlargement on bail has been made out.
7. I, therefore, accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs,5,00,000 (Rupees five lacs only) with two sureties each in the like amount to the satisfaction of the learned trial Court.