SUFIYAN alias SUFYANI vs STATE etc
This petition for post-arrest bail arises from FIR No. 580 registered at Police Station Hujra Shah Muqeem, District Okara, concerning offences under Sections 324, 302, and 34 of the Pakistan Penal Code 1860. The petitioner was accused of participating in a murderous assault alongside co-accused persons, resulting in the death of one victim and injury to another. The core legal question was whether the petitioner was entitled to bail given the specific role attributed to him and the evidentiary value of the injuries. The Court observed that the petitioner was not alleged to have caused the fatal injury to the deceased, and the injury attributed to him on the complainant was medically noted as potentially fabricated. Furthermore, the Court noted the petitioner's relationship to the co-accused and the lack of trial progress since his arrest. Holding that the petitioner's vicarious liability required further determination at trial, the Court granted post-arrest bail, emphasizing that continued incarceration would serve no useful purpose for the prosecution. The principle established is that where the prosecution's case rests on potentially fabricated injuries and the petitioner's specific role is distinct from the fatal act, bail may be granted pending trial.
- Is a petitioner entitled to post-arrest bail when the injury attributed to them is medically suspected of being fabricated?
- Can bail be granted when the petitioner is not alleged to have caused the fatal injury in a murder case?
- Does the lack of progress in a criminal trial justify the grant of post-arrest bail?
- Section 497, Code of Criminal Procedure 1898
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
ORDER
Through this petition under Section 497, Cr.P.C. petitioner Sufiyan alias Sufiyani has sought post arrest bail in case FIR No, 580 dated 09.10.2017, in respect of offences under Sections 324 & 34, PPC later on added Section 302, PPC, registered at Police Station, Hujra Shah Muqeem, District Okarra.
2. Briefly , the allegation against the petitioner as contained in the crime report is that on 08.10.2017 at 09:00 p.m. he alongwith one Asad Ali armed with Carbine 12-bore and two unknown accused persons in furtherance of their common intention, launched murderous assault upon the complainant and his son Husnain Ali who, subsequently , succumbed to the injuries in the hospital. Hence, this case was registered.
3. I have heard learned counsel for the petitioner , learned District Public Prosecutor appearing on behalf of the State assisted by learned counsel for the complainant and perused the record.
4. The petitioner was saddled with the responsibility of causing fire arm injury at the right arm of complainant Qurban Ali, whereas co-accused Asad Ali was assigned the role of causing fatal firearm injury landed at the left side of head of deceased Husnain Ali, son of the complainant. The medico-legal certificate of the complainant shows two injuries on his person, one at upper part of right arm and the other one was swelling on upper and back of right elbow . Injury No, 1 was subseq uently declared as Jurrah Ghayr Jaifa-i-Mutlahimah punishable under Section 337-F(iii), PPC. The .medical officer has specifically mentioned the existen ce of possibility of fabrication of the said injury . Admittedly , the petitioner had not caused any injury to the deceased and the injury attributed to him on the person of the complainant could possibly be a result of fabrication. At this juncture, petitioner's vicarious liability alongwith his co-accused could not be determined while tentative assessm ent of the record. The petitioner and his co-accused are real brothers and, thus, his implication in order to spread the net wide to involve all the male members of a family in the alleged occurrence cannot be ruled out of consid eration. The petitioner is behind the bars since his arrest i,e, 28.01.2018 without any substantial progress in the trial and his further incarceration for an indefinite period would serve no useful purpose for the prosecution.
In view of above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 100,000/- (rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.