MUHAMMAD SHAHBAZ vs STATE and another
This is a criminal petition filed by Muhammad Shahbaz seeking post-arrest bail in case FIR No. 250 dated 02.08.2012, registered under Sections 337-A(v), 337-A(ii), and 34 of the Pakistan Penal Code 1860 at Police Station City Burewala, District Vehari, after having been refused bail by the courts below. The core legal question concerns the entitlement of the accused to post-arrest bail where multiple co-accused are attributed a similar injury resulting in a single wound on the victim, and the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that since only a single injury was found on the victim's head despite multiple imputations, the offences did not fall within the prohibitory clause, and the petitioner was no longer required for investigation, the petition should be allowed. The key principle laid down is that bail is granted as a rule in offences not falling within the prohibitory clause when the accused is no longer required for investigative purposes and conflicting or overlapping role attributions create further inquiry into the petitioner's guilt.
- Whether an accused is entitled to post-arrest bail when the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does attribution of a similar injury to multiple co-accused regarding a single wound on the victim make a case for further inquiry under bail adjudication?
- Can bail be granted when the accused is behind bars and no longer required for further police investigation?
- Section 337-A(v), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Having failed before both the learned Courts below to get himself released on bail in case FIR No, 250, dated 02.08.2012, offences under Sections 337-A(v), 337-A(ii), 34, PPC, registered at Police Station City Burewala, District Vehari, the petitioner has again tried his luck before this Court for the same relief.
2. The allegation against the petitioner is that he along with his co-accused persons launched assault upon the complainant party. The specific role attributed to the petitioner is that he gave blow of an iron hoe/Khurpa on the head of the brother of the complainant.
3. During the course of arguments, it has come to light that apart from the present petitioner, Rashid and Abbas, co-accused of the petitioner has also been attributed similar injury. However, only one injury has been found on the head of the complainant's brother and there is no other injury. The offences, alleged against the petitioner do not fall within the prohibitory clause of Section 497, Cr.P.C. The petitioner is behind the bars and no more required by the police for further investigation. In these circumstances, the instant petition is allowed. The petitioner shall be released from, jail subject to his furnishing bail bonds in the sum of Rs, 50,000/-, with one surety in the like amount to the satisfaction of learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.