SATTAR ALI vs THE STATE and anothers
The accused-petitioner, Sattar Ali, sought post-arrest bail in a case registered under Section 324/34 of the Pakistan Penal Code 1860, following the refusal of bail by the lower courts. The prosecution alleged that the petitioner and three co-accused fired at the complainant party during a dispute over buffaloes, resulting in a single injury to the complainant's son. The petitioner contended that the case required further inquiry, noting that only one injury was sustained despite four accused being charged, and that a cross-case existed where the petitioner's brother was murdered by the complainant party the following day. The Court observed that the solitary injury on a non-vital part of the victim's body, combined with the cross-case and the nature of the dispute, rendered the petitioner's involvement a matter of further inquiry. Consequently, the Court allowed the bail application, holding that the circumstances warranted the release of the petitioner subject to the furnishing of bail bonds, as the prosecution's case against the petitioner was not free from doubt regarding his specific role.
- Does the presence of a single injury caused by multiple accused persons justify a grant of bail on the grounds of further inquiry?
- Is the existence of a cross-case involving the murder of an accused's relative by the complainant party a relevant factor for bail consideration?
- Can bail be granted when the prosecution's case against an accused requires further investigation into their specific role in the alleged offense?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
' SHAH JEHAN KHAN YOUSAFZAI, J.---Accused-petitioner Sattar Ali who is under arrest in case F.I.R.
No,742 dated 29-5-2010 under section 324/34, P.P.C. Registered at Police Station, Kalu Khan District Swabi, was refused bail by the Courts below. Now he has approached this Court for his release on bail.
2. As per contents of the Murasila on 29-5-2010 at 13.20 hours Faiq Zaman complainant made the report of the incident to the effect that on the same day at about 12.30 hours he was busy in preparing fodder for buffaloes in his house when his son Siddique Zaman told him that accused Waizar Ali, Tauheed Ali Zulfiqar and Sattar duly armed came and are taking the buffaloes from the Khander. The complainant and his son came to the spot where they saw the accused party with whom verbal altercations took place on taking the buffaloes. In the meanwhile all the four accused started firing at the complainant party as a result of which Siddique Zaman son of the complainant sustained injuries while the complainant himself escaped unhurt.
3. I have heard the learned counsel for the accused-petitioner as well as the learned State counsel and have also gone through the record of the case with their able assistance.
4. Without going into deep merits of the prosecution case or the plea of defence, suffice it to say that for the solitary injury and that too not on the vital part of the body of the victim, four persons are charged. It is stated at the bar that on the following day of the occurrence brother of the accused-petitioner was murdered by the complainant party vide F.I.R. No,747 dated 30-5-2010 under sections 302/34, P.P.C. The occurrence could be committed by the single accused in view of the solitary injury sustained by Siddique Zaman victim aged about 8/9 years. The motive indicates that the complainant party was not paying the price of the buffalo and the accused-party was trying to take away the said buffalo and there was no previous enmity or between the parties.
Involvement of the accused-petitioner in the commission of the offence requires further inquiry.
5. Consequently this bail application is allowed and the accused-petitioner Sattar Ali is admitted to bail provided he furnishes bail bond in the sum of Rs,1,00,000 (rupees one Lac) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate who shall ensure that the sureties must be local, reliable and men of means.
' The above are the reasons of my short order announced on 7-9-2010.