Muhammad Ibrar Khan vs The State and another
This matter comes before the Lahore High Court through a petition filed under Section 497 of the Code of Criminal Procedure 1898, whereby the petitioner Muhammad Ibrar Khan seeks post-arrest bail in case FIR No. 138 of 2020 registered under Sections 324, 148, 149, 337-F(i), 337-L(2), and 34 of the Pakistan Penal Code 1860 at Police Station Shah Nakdar, District Sargodha. The core legal question concerns whether the petitioner is entitled to post-arrest bail given that the firearm injury attributed to him falls under a bailable section and a co-accused with a similar role has already been granted bail. The court held that since the injury was declared to fall under Section 337-F(i) of the Pakistan Penal Code 1860, the case falls under further inquiry pursuant to Section 497(2) of the Code of Criminal Procedure 1898, and further qualified the petitioner for bail on the rule of consistency. The petition was consequently allowed, admitting the petitioner to post-arrest bail subject to surety bonds.
- Whether an accused is entitled to post-arrest bail when the specific firearm injury attributed to him falls under a bailable provision of the Pakistan Penal Code 1860?
- Does the rule of consistency apply to grant bail to an accused whose co-accused with a similar role has already been enlarged on bail?
- When does a criminal case qualify as one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
SARDAR MUHAMMAD SARFRAZ DOGAR, J.----Through this petition under section 497, Cr.P.C. the petitioner Muhammad Ibrar Khan seeks post-arrest bail in case FIR No.138/2020, dated 16.6.2020, offences under sections 324, 148, 149, 337-F(i), L(2), 34, P .P.C., registered with the Police Station Shah Nakdar , District Sargodha.
2. As per narration of crime report got lodged by Muhammad Kameer complainant, the allegation against the petitioner is that on 16.6.2020, the petitioner along with his co-accused assaulted upon the A complainant's party and injured one Allah Ditta. During the occurrence, the petitioner fired a shot with his rifle, which hit right thigh of Allah Ditta.
3. Heard. Record perused.
4. Although the petitioner is particularly nominated in the FIR with specific role of causing firearm injury on the right thigh of Allah Ditta but the fact remains that the said injury has been declared falling under section 337-F(i), P.P.C., which is bailable in nature. In view of above, the case of the petitioner has become one of further inquiry falling under subsection (2) of section 497, Cr.P.C. The petitioner is also entitled for bail on the rule of consistency as co- accused Iftikhar , having similar role, has already been enlarged on bail by the learned Magistrate Section 30, Sillanwali, vide order dater 23.11.2020. Reliance is placed on Abid v. The State and others (2016 SCMR 907), Fida Hussain v. The State and others (PLD 2002 SC 46). The investigation to the extent of the petitioner is complete and he is no more required for further investigation. The involvement of the petitioner in this case would be determined by the trial court after recording the evidence.
5. Consequently , this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial court. Needless to mention that the observations made in the above order are tentative in nature arid shall not influence the trial court.