Muhammad Zahid vs State, and another
This matter concerns a petition for post-arrest bail filed by Muhammad Zahid, who was charged under Sections 324, 148, and 149 of the Pakistan Penal Code 1860, regarding an alleged attempt on the complainant's life as part of an unlawful assembly. The core legal question was whether the petitioner was entitled to bail given the circumstances of the case, the nature of the injuries, and the treatment of co-accused persons. The Court held that the petitioner was entitled to post-arrest bail, observing that the FIR was registered with an unexplained delay and that the petitioner, despite allegedly being armed, did not target vital body parts, raising questions about the intent to kill. Furthermore, the Court noted that co-accused with similar roles had been granted bail or found innocent during the investigation. The Court established the principle that where the specific intent to commit murder is questionable and co-accused have been granted relief, the case requires further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, and an accused cannot be detained indefinitely pending trial.
- Does the failure of an armed accused to target vital body parts raise a question of intent sufficient to warrant further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is the grant of bail to co-accused with similar roles a relevant factor in determining the bail application of another accused?
- Does an unexplained delay in the registration of an FIR constitute a ground for considering post-arrest bail?
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Muhammad Zahid, petitioner has sought post-arrest bail in case registered vide F.I.R. No. 234/2013 dated 03.07.2018 at Police Station Saddar Jalalpur Pirwala, Multan, for of fences under Sections 324, 148, 149, P .P.C.
2. Allegedly , the petitioner being member of unlawful assembly and in prosecution of its common object attempted at the life of the complainant.
3. After hearing the learned counsel for the parties and perusing the record, it was observed. that the F.I.R. was registered with unexplained delay of two hours. Despite the fact that the petitioner was armed with .30-bore pistol and the injured was at his mercy but he did not fire at any vital part of his body and, thus, question if he intended to eliminate the injured, would be adjudged by the learned trial Court after recording evidence at trial. The co-accused of the petitioner with similar role, namely , Sabir was found innocent during the investigation whereas, the co- accused nominated being Sultan and Arif were also admitted to bail by the competent forum. The recovery stands effected from the petitioner and the injuries sustained by the injured were declared as ghayr -jaifah mutalahimah which attracts Section 337-F(iii), P.P.C. The petitioner is in jail since 17.08.2018. The expeditious trial is the right of every accused and nobody can be detained in jail for indefinite period. The case of the petitioner , in the circumstances, needs thorough probe within the meaning of Section 497(2), Cr .P.C.
4. In view of the above, the petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court/duty judge.