MUKHTIAR HUSSAIN vs STATE and anothers
The petitioner, Mukhtiar Hussain, sought post-arrest bail in connection with FIR No. 56/12 registered under Sections 324, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Abdul Hakim, District Khanewal. The prosecution alleged that the petitioner was armed with a firearm and inflicted a gunshot injury on the complainant's side, specifically Aurangzeb. Upon reviewing the medical record, the Court observed that the injury attributed to the petitioner was declared as Shajjah-e-Khafifah, which falls under Section 337F(i) of the Pakistan Penal Code 1860. The Court held that given the nature of the injury, the applicability of Section 324 of the Pakistan Penal Code 1860 required serious consideration, and the offense appeared to be bailable. Consequently, the Court allowed the petition and admitted the petitioner to post-arrest bail, subject to the furnishing of bail bonds in the amount of Rs. 1,00,000 with one surety to the satisfaction of the trial court.
- Does an injury classified as Shajjah-e-Khafifah under Section 337F(i) of the Pakistan Penal Code 1860 warrant the application of Section 324 of the Pakistan Penal Code 1860?
- Is a petitioner entitled to post-arrest bail when the medical evidence suggests the offense is bailable?
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337F(i), Pakistan Penal Code 1860
ORDER
Mukhtiar Hussain petitioner seeks post arrest bail in a case registered vide FIR No, 56/12 dated 13.2.2012 under Sections 324/148/ 149, PPC at P.S. Abdul Hakim, Distt. Khanewal on the complaint of Zulfi qar.
2. The allegation against the petitioner is that he was holding fire arm weapon at the time of occurrence and made fire shot with the same hitting on the back of Aurangzeb.
3. Hearkened and record perused.
4. As per MLR, Injury No, 2 is attributed to the petitioner and its final result has been declared as Shajjah-e-Khafifah falling u/S. 337F(i), PPC. In these circumstances, applicability of Section 324, PPC needs serious consideration whereas as per injury the nature whereof appears to be bailable. In view of this, instant petition is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (one lac) with one surety in the like amount to the satisfaction of learned trial Court.