Imran Haider and another vs The State and another
This petition was filed under Section 497 of the Code of Criminal Procedure 1898, seeking post-arrest bail for petitioners accused in a criminal case involving charges of murder and assault. The core legal question was whether the petitioners were entitled to bail given the specific allegations against them and the nature of the injuries attributed to them. The Court observed that the fatal injury to the deceased was attributed to a co-accused, not the petitioner Imran Haider, and that the injury attributed to the petitioner Naseer Ahmad fell under a section not covered by the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Furthermore, the Court noted the petitioners were previous non-convicts, investigation was complete, and trial progress was stagnant. Consequently, the Court held that the case warranted further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The Court granted bail, establishing the principle that where the role attributed to an accused does not fall within the prohibitory clause and the case requires further inquiry, bail should be granted.
- Does an injury falling under Section 337A(ii) of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Can bail be granted when the investigation is complete and the accused is a previous non-convict?
- Is a case considered one of further inquiry when the specific fatal injury is attributed to a co-accused rather than the petitioner?
- Section 497, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 337A(i), Pakistan Penal Code 1860
- Section 337A(ii), Pakistan Penal Code 1860
- Section 337F(i), Pakistan Penal Code 1860
- Section 337F(iii), Pakistan Penal Code 1860
- Section 337L(2), Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
Through this petition under section 497 Cr.P.C. the petitioners have sought post-arrest bail in case FIR No.551/15 dated 08.08.2015 under sections 302, 337A(i), 337A(ii), 337F(i), 337F(iii), 337L(2), 354, 452, 324, 109, 147, 149 PPC, registered at Police Station Bhikhi, District Sheikhupura.
2. The arguments advanced by learned counsel for the parties have been heard and the record of this case has been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. As per FIR, the allegation against Imran Haider petitioner is that he inflicted "danda" blows on the body of Shaban Akhtar deceased. In this regard, it has been noticed by this Court that the only injury observed by the doctor during postmortem examination on the dead body of Shaban Akhtar deceased was on his head and the same has been specifically attributed to Haider Ali co- accused, whereas no injury on other parts of body of the deceased could be observed. Similarly Naseer Ahmad petitioner has been assigned the role of inflicting hatchet blow on the head of Sobia Ilyas complainant and he has admittedly not caused any injury to the deceased. The injury attributed to Naseer Ahmad petitioner has been declared as Shajjah-i- mudihah falling under section 337A(ii) PPC which does not fall within prohibitory clause of section 497 Cr.P.C. Vicarious liability of the petitioners in the murder of Shaban Akhtar deceased as well as sharing of common intention by them with their co-accused for committing murder of deceased shall be determined by the learned trial Court after recording evidence.
Admittedly the petitioners are previous non-c onvict and never involved in any other case of such like nature. Investigation of the case is complete and they are no more required for further investigation. They are behind the bars since 30.11.2015 without any fruitful progress in conclusion of their trial, therefore, their further incarceration in jail would not serve any useful purpose.
3. For what has been discussed above, the case of the petitioners becomes one of further inquiry covered by sub- section (2) of section 497 Cr.P.C. This petition is, therefore, allowed and the petitioners are granted bail after arrest subject to furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand only) each with one surety in the like amount to the satisfaction of the learned trial court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.