MANZOOR KHAN vs STATE and another
This criminal petition was filed by the petitioner seeking post-arrest bail in case FIR No. 358 dated 11.07.2013 registered under Sections 302, 324, 109, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Women Police Faisalabad. The core legal question involved was whether the petitioner was entitled to post-arrest bail on the grounds of consistency with a co-accused who had already been granted bail, and whether his case fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that the petitioner was entitled to bail on the rule of consistency, noting that the firearm injury attributed to him was on the non-vital part (right thigh) of a prosecution witness without any repetition, and no fatal injury was caused to the deceased. The Court laid down the principle that tentative assessment of evidence showing a case of further inquiry, combined with the rule of consistency regarding co-accused and the fact that conclusion of the trial is not in sight, justifies the grant of post-arrest bail.
- Whether an accused is entitled to post-arrest bail on the rule of consistency when a co-accused facing similar allegations has already been granted bail?
- Does causing a non-fatal injury to a witness on a non-vital part of the body without repetition bring the case within the scope of further inquiry under Section 497 of the Code of Criminal Procedure 1898?
- Is an accused entitled to bail when the conclusion of the trial is not in sight and further detention serves no useful purpose?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' By means of this petition, the petitioner has sought post arrest bail in case FIR No, 358 dated 11.07.2013 offence under Sections 302/ 324/109/148/149, PPC registered with P.S. Women Police Faisalabad.
2. In brief, as per contents of FIR, the allegation against the petitioner is that he caused injury to Shoaib Khan, PW on his right thigh whereas one Mst. Aziza Begum was made to kiss the dust. Hence this case.
3. Heard.
4. There is no denying the fact that co-accused Abdullah Khan, has already been allowed, bail by this Court and that order has not been challenged by the complainant, so the petitioner deserves the concession of bail on the rule of consistency. The role attributed to present petitioner is that he has caused fire-arm injury on right thigh of Shoaib Khan PW. He has not repeated the fire, so, the question o attraction of offence under Section 324, PPC to the extent of the petitioner is to be determined by the . Learned trial Court after recording evidence. He has not caused any injury to the deceased. Thus while, tentatively assessing the case of the petitioner, it goes out of the embargo contained under Section 497, Cr.P.C. And is held to be further inquiry. The conclusion of the trial is also not within sight. The petitioner is behind the bars, no more required to police and as such his further detention in jail will serve no useful purpose particularly when facts and circumstances of this case entitle him to grant of bail.
5. Consequently, this application is accepted and the petitioner is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs,1,00,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court.