Siraj Ahmed and another vs Azizullah
This matter concerns a criminal bail application filed by the applicants, Siraj Ahmed and Wajid Ali, seeking confirmation of pre-arrest bail in FIR No. 269/2021, registered at Police Station A-Section Ghotki, for offences under sections 337-F(v), 337-A(i), 337-A(iii), 337-F(i), 147, 148, and 149 of the Pakistan Penal Code 1860. The applicants' initial request for pre-arrest bail was declined by the Additional Sessions Judge (MCTC) Ghotki, primarily because the medical evidence supported the injuries, specifically a nasal bone fracture categorized as Shujjah-i-Hashimah. However, during the proceedings before the High Court, the applicants produced a letter from a Special Medical Board dated 22.11.2021, which suspended the validity of the initial medical certificate. The core legal question was whether the suspension of the medical evidence warranted the confirmation of bail. The Court held that the suspension of the medical certificate created a case for further inquiry. Consequently, the Court confirmed the interim pre-arrest bail, emphasizing that these observations were tentative and would not prejudice the trial.
- Does the suspension of a medical certificate by a Special Medical Board constitute sufficient grounds to establish a case for further inquiry in a bail application?
- Can pre-arrest bail be confirmed when the primary medical evidence supporting the injuries has been declared invalid or suspended?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
Zulfiqar Ali Sangi, J: Applicants/accused Siraj Ahmed s/o Abdul Khalique and Wajid Ali s/o Allah Wadhayo both by cast Kaladi, are seeking pre-arrest bail in FIR No.269/2021, registered at Police Station A-Section Ghotki, under sections 337-F(v), 337-A(i) 337-A(iii), 337-F(i), 147, 148 and 149 PPC. Earlier their pre-arrest bail was declined by the learned 1-Additional Sessions Judge (MCTC) Ghotki, vide orders dated 04.10.2021, hence they approached this court for the same relief.
2. Heard learned counsel for the parties and perused the material available on record with their able assistance.
3. Record reflects that the bail application of the applicant was rejected only on the ground that the medical certificate is supporting the injuries and medical certificate shows that fracture is seen at nasal bone and the nature of injury was declared as Shujjah-i-Hashimah, while injury attributed to accused Wajid Ali carries punishment up to five years. Today leaned counsel for the applicants has placed on record letter/of fice order dated 22.11.2021, issued by Special Medical Board wherein it is stated that the medical certificate issued by the SMO/MS Taluka Hospital Kashmore, has been kept in abeyance/ suspended. It is also mentioned in that letter/of fice order that the medical certificate has lost its legal validity .
4. In view of these circumstances, the case of further enquiry is made out. Resul tantly , the interim pre-arrest bail already granted to the applicants / accused by this court vide order dated 11.10.2021, is hereby confirmed on same terms and conditions.
5. Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.
6. Instant Criminal Bail Application is disposed of in the above terms.