MUHBAT alias AZAM vs THE STATE
This matter concerns a post-arrest bail application filed by the applicant, Muhbat alias Azam, seeking release in connection with Crime No. 228 of 2010 registered at Police Station Sakrand under Sections 324 and 34 of the Pakistan Penal Code 1860. The applicant had previously been denied bail by the trial court. The core legal question was whether the applicant was entitled to the concession of bail given the specific circumstances of the case. The High Court observed that the co-accused, nominated in the same First Information Report, had been exonerated by the police during the investigation. Furthermore, the court noted that the incident involved ineffective firing, as the complainant party sustained no injuries. Holding that these factors necessitated further inquiry into the applicant's guilt, the court granted the bail application. The key principle laid down is that where a co-accused has been discharged during investigation and the alleged offense involves ineffective firing without injury, a case for further inquiry is established, justifying the grant of post-arrest bail.
- Does the exoneration of a co-accused during investigation provide grounds for granting bail to the remaining accused?
- Is a case of ineffective firing without injury a sufficient ground to warrant further inquiry for the purpose of bail?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 377, Pakistan Penal Code 1860
ORDER
' NISAR MUHAMMAD SHAIKH, J.---Granted.
2. Dismissed having become infructuous.
3. Granted subject to all just exceptions.
4. This bail application has been moved on behalf of the applicant Muhbat alias Azam after his similar application was dismissed by the trial court vide order dated 27-11-2010, passed by the learned IInd Additional Sessions Judge, Shaheed Benazirabad in connection with Crime No,228 of 2010 of the Police Station Sakrand under sections 324/34, P.P.C.
' As per the F.I.R. Lodged on 16-11-2010, by A.S.-I. Abdul Ghafoor, the applicant Muhbat along with his brother Abid had come at Police Statoin Sakrand, where the applicant fired with his pistol at one Lal Khan, who was already confined at Police Station in connection with another Crime No,227 of 2001 under section 377, P.P.C. Of Police Station Sakrand.
' I have heard learned counsel for the applicant, learned A.P.-G. For the State and also perused relevant record.
It is pointed out that the co-accused namely Abid who was also nominated together with the 'applicant in the very F.I.R., has been let off by the police during the investigation, therefore, this very fact makes the case of the applicant to be fit one in which further enquiry is needed, especially when this is a case of ineffective firing, as none had sustained any injury on account of alleged firing made by the applicant.
' In the circumstances, the applicant is granted bail on furnishing a solvent surety in the sum of Rs,100,000 (One Lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.