KHIYAL SABA and another vs The STATE and others
This matter concerns a petition for leave to appeal against the refusal of post-arrest bail by the Peshawar High Court in a case involving charges under sections 302, 324, and 34 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to bail given the specific allegations and evidence presented. The Supreme Court observed that the FIR contained no allegation against the petitioners regarding the injuries sustained by the deceased, Jaram Khan. Furthermore, the nature of the injuries sustained by the injured witnesses remained undetermined, and no incriminating recoveries were made from the petitioners during the investigation. Consequently, the Court held that the petitioners' case fell within the scope of 'further inquiry' under the law. The Supreme Court allowed the appeal, converted the petition into an appeal, and granted bail to the appellants, establishing the principle that where the prosecution fails to link the accused to the fatal injuries and the nature of other injuries remains unverified, the case warrants further inquiry, thereby entitling the accused to the concession of bail.
- Does the absence of specific allegations regarding the fatal injury in an FIR justify the grant of bail?
- When does a criminal case fall within the ambit of 'further inquiry' for the purpose of bail under the Code of Criminal Procedure 1898?
- Is bail appropriate when the nature of injuries sustained by the injured witnesses remains undetermined by the prosecution?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
MANZOOR AHMAD MALIK, J. Criminal M.A. No. 1365 of 2019 : For reasons mentioned in the application, the same is allowed and delay in filing the criminal petition is condoned.
2. Petitioners seek leave to appeal against the order dated 22.07.2019, whereby bail was refused to them by the learned Peshawar High Court, Peshawar in case FIR No. 5 dated 16.05.2019, offence under sections 302, 324, 34, P.P.C., registered at P .S. Bara Khyber .
3. After hearing the learned counsel for the parties at length and perusal of available record with their assistance, it has been observed by us that as per contents of FIR, precise allegation against tie petitioners is that of causing injuries on the persons of Khanzada and Wahid. The MLRs of injured PWs reveal that Khanzada sustained two stab wounds during the occurrence, whereas there are bruises on the person of Wahid. There is no allegation in the FIR against the petitioners of causing any injury on the person of deceased Jaram Khan. During the course of arguments, learned counsel appearing on behalf of State has confirmed that nature of injuries of injured PWs has not yet been declared. He further confirms under instructions that nothing was recovered from the petitioners during the course of investigation. Petition ers are behind the bars since 19.05.2019. All these circumstances make the case of the petitioners one of further inquiry falling within the ambit of section 497, Code of Criminal Procedure.
4. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed.
Appellants Khiyal Saba and Muhammad Javed are allowed bail (in the instant FIR) subject to their furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand) each, with one surety each, in the like amount, to the satisfaction of the trial court.
Cited by 3 cases
- Sidra Abbas vs The State and another 2021 P S c (Crl.) 147, 2020 SCMR 2089
- ADIL ZAMAN Versus State 2022 YLRN 104
- MANZOOR HUSSAIN Versus State 2021 YLRN 149