YASIR vs THE STATE
This post-arrest bail application arose from Crime No. 130 of 2010 registered at Police Station Sehwan under Sections 324, 353, 147, 148, 149, 436, and 427 of the Pakistan Penal Code 1860, following an incident involving a large mob attacking circus staff and police. The applicant submitted that no specific overt act was attributed to him, only a general allegation alongside 200–250 unknown persons, and that co-accused armed with weapons were let off by police and placed in Column No. 2 of the charge-sheet. The State opposed the bail plea but admitted these facts. The High Court observed that despite allegations of straight firing, no individual sustained injuries, no specific injury was attributed to the applicant who was allegedly armed with a lathi, and his case stood at par with co-accused placed in Column No. 2. Granting the application, the court held that the applicant was entitled to post-arrest bail upon furnishing solvent surety.
- Whether post-arrest bail can be granted to an accused when co-accused with similar or more specific roles have been placed in Column No. 2 of the charge-sheet?
- Does the absence of any injury to the victim party during an alleged armed mob attack justify the grant of bail in an offence under Section 324 PPC?
- Can bail be allowed where only general allegations are leveled against an accused as part of a large crowd without attributing any specific overt act?
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Section 436, Pakistan Penal Code 1860
ORDER
AHMED ALI SHAIKH, J. Applicant seeks post-arrest bail in Crime No,130 of 2010 of Police Station Sehwan for offence under sections 324, 353, 147, 148, 149, 436, 427, P.P.C.
1. Applicant approached the trial Court but his bail plea was turned down vide order dated 8-9- 2010.
1. Briefly stated the facts of the case are that on 3-8-2010 A.S.-I. Nawab Khan Rind lodged the report on behalf of the State, stating therein that on 3-8-2010 he along with other police personnel. was on duty when at about 0300 hours accused Abid Hussain armed with pistol,
2. Rashid Hussain,
3. Aijaz Ahmed armed with lathi,
4. Sajid Ali armed with pistol,
5. Hyder Ali armed with pistol,
6. Liaquat Ali armed with lathi,
7. Munu with lathi,
8. Ghulam Ali with lathi,
9. Ghulam Rasool with lathi, 10., Yasir Makrani with lathi,
11. Aamir Makrani with lathi,
12. Ayaz with pistol, 13.
Liaquat Ali son of not known having lathi and two persons by caste Purala and two others of caste Lakha, whose names were not known and about 200/250 unknown person's came in display and circus and the persons having pistols made hakkals and straight fired upon complainant party and 'circus staff with intention to commit murder and the persons having lathier also attacked upon the circus staff. Police also fired upon the accused in their defence. The accused set on fire the display tent of circus. The complainant informed the high officials through cell phones meanwhile S.H.O.
Police Station Sehwan and other police personnel reached there. Thereafter accused straight fired upon the police party and subsequently ran away.
3. It is inter alia contended that applicant is innocent and has been falsely implicated in this case.
Per learned counsel, there is general allegation against more than about 200/250 persons and no specific role is attributed to the present applicant. It is urged with vehemence that co-accused Munnu alias, Asif, Ghulam Hyder Solangi Aijaz Solangi and Ayaz Solangi have been let off by police and their names have been placed in Column No,2 of the challan. It is further contended that complainant has not stated in the F.LR.. that applicant was previously known to him. It is lastly contended that there is no iota of evidence to show the nexus of the applicant with the alleged offence and the case of applicant requires further inquiry.
4. Conversely, M. Shahid Ahmed Shaikh, learned A.P.-G. for the State opposed the bail plea of the applicant but did not controvert the contentions raised by learned counsel for the applicant.
5. Admittedly, accused Munnu alias Asif, Ghulam Hyder Solangi, Aijaz Solangi and Ayaz Solangi have been let off by police and their names have been placed in column No,2 of the challan though their names transpired in the F.I.R. and they were armed with pistols and lathier. No overt act is attributed to the present applicant but there is general allegation against 200/250 persons.
The present applicant was said to be armed with lathi but it is not specifically alleged that he caused any injury to the complainant party. In F.I.R. it is alleged that accused who were armed with pistols made straight tiring upon the police party with intention to commit murder, however none amongst the police party or employee of circus received any injury.
For the foregoing reasons, I am of the considered view that case of applicant is at par to that of co- accused Munnu and others who have been let off by police and he deserves the concession of bail.
Consequently, bail application is allowed and applicant is admitted to bail upon furnishing solvent surety in the sum of Rs,50,000 (Fifty thousand) and P.R. Bond in the like amount to the satisfaction of the trial Court.