MOHSIN ALI and others vs The STATE and others
This criminal petition arises out of case FIR No. 540 registered at Police Station Khurrianwala, District Faisalabad, wherein the petitioners sought post-arrest bail for offences including rioting, assault on public servants, and under Section 7 of the Anti-Terrorism Act, 1997. The core legal question was whether the petitioners were entitled to post-arrest bail given that petitioners Nos. 1 to 7 were not named in the FIR and petitioners Nos. 8 to 10 faced only generalized allegations of mob membership without specific overt acts. The court held that since no specific overt acts were attributed and the question of common intention required deeper appreciation of evidence at trial, the petitioners made a case for further inquiry. The court accepted the post-arrest bail petition, laying down the principle that mere membership in an unassigned mob without specific overt acts at the bail stage warrants further inquiry and admission to bail pending trial.
- Whether post-arrest bail can be granted when accused persons are not named in the First Information Report?
- Does a generalized allegation of mob membership without specific overt acts justify further inquiry at the bail stage?
- Can the question of common intention be conclusively determined at the bail stage without recording evidence?
- Section 336, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337L(2), Pakistan Penal Code 1860
- Section 337H, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 186, Pakistan Penal Code 1860
- Section 224, Pakistan Penal Code 1860
- Section 225, Pakistan Penal Code 1860
- Section 440, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 7, Anti-Terrorism Act 1997
ORDER
' MISS. AALIA NEELUM, J.---Through the instant petition, Mohsin Ali, Muhammad Faisal, Zaka Ullah, Zahid Ali, Ansar Maalik, Muhammad Tahir Attari, Muzammal Shahzad, Muhammad Asif, Muhammad Naveed and Muhammad Abu Bakar, petitioners seek post arrest bail in case FIR No,540 dated registered under sections 336, 19-7-2014, 337-A(i), 337L(2), 337H, 353, 186, 224, 225, 440, 148, 149, P.P.C. Read with Section 7 of Anti-Terrorism Act, 1997 at Police Station Khurrianwala, District Faisalabad.
2. The prosecution story, in brief, as per contents of FIR is that in the night of 19-7-2014 the complainant along with other police officials, having arrested Zulfiqar alias Bhuttoo etc., in connection with case FIR No,539/2014 under section 216, P.P.C. And 13 of Arms Ordinance had returned to the POlice Station, when a political party along with the present petitioners and ten unknown persons while armed with deadly weapons and "sotas" appeared before the main gate of the Police Station but the complainant got it locked from inside for the safety of the Police Station.
The assailants also brick-batted gate of the Police Station and also hurled abuses, grappled with the police officials. His teeth were also broken during the occurrence and assailants torn uniform of the police officials. In the same occurrence, the assailants forcibly got released the accused persons while sloganeering against the police.
3. Heard. Record perused.
4. Admittedly petitioners Nos.1 to 7 were not named in the First Information Report whereas the complainant has levelled generalized allegations against petitioners Nos.8 to 10. No specific allegation has been assigned to any one except for being a member of mob. The question of common intention was to be decided by the learned trial court after recording evidence and at bail stage no definite conclusion could be drawn as it needed deeper appreciation of evidence. As no specific overt act has been attributed to the petitioners, we are inclined to accept the post arrest bail petition and admit them to bail subject to their furnishing bail bonds in the sum of Rs,1,00,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.