MUHAMMAD LATIF Versus State
This is an application for post-arrest bail arising out of F.I.R. No. 82 of 2004 registered under sections 447, 337-H(ii), 506, and 511 of the Pakistan Penal Code 1860 at Police Station B-Division District Okara. The core legal question is whether the petitioner is entitled to post-arrest bail where the offences do not fall within the prohibitory clause and only ineffective firing is attributed to him. The Lahore High Court held that since the offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, the weapon attributed to the petitioner was a licensed weapon belonging to a co-accused who was already enlarged on bail, and only ineffective firing was alleged, the case called for further inquiry. The court consequently admitted the petitioner to post-arrest bail subject to furnishing surety bonds, establishing the principle of consistency and the granting of bail in non-prohibitory clause offences where culpability warrants further inquiry.
- Is a petitioner entitled to post-arrest bail when the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does an allegation of ineffective firing constitute sufficient ground for further inquiry under criminal jurisprudence?
- Does the grant of bail to a co-accused on similar allegations entitle another accused to bail on the ground of consistency?
- Section 447, Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
TANVIR BASHIR ANSARI, J.- - This is an application for grant of post arrest bail in case F.I.R. No.82 of 2004 registered under sections 447/337-H(ii)/506/511, P. P. C. at Police Station B-Division District Okara.
2. According to the complainant Abdul Sattar the petitioner Muhammad Lateef armed with a .12 bore gun along with his co-accused namely Bashir Ahmed armed with Sota, Sher Muhammad armed with Sota tresspassed into the house of the complainant on 30-3-2004 at 11-00 a.m. It is alleged that Muhammad Lateef petitioner caused fire-arm shots at the wife and children of the complainant who were, however, not hurt. Sher Muhammad and Bashir co-accused have been attributed blows to the complainant with their Sotas.
3. It is contended by the learned counsel for the petitioner that the offences mentioned in F.I.R. do not fall within the prohibitory clause of section 497, Cr.P.C. Also submits that .12 bore gun attributed to be possessed by the petitioner was in fact the licensed weapon of Sher Muhammad co-accused. The said Sher Muhammad has been enlarged on bail. He has also obtained the gun upon Superdari. It is further submitted that only role attributed to the petitioner is that of ineffective firing. Submits that the petitioner is entitled to bail as he is able to make out a case of further inquiry and also on the ground of consistency as his co-accused Sher Muhammad has been enlarged on bail.
4. Conversely, grant of bail has been opposed by the learned State counsel on the ground that not only is the petitioner nominated in the F.I.R., a specific role has been attributed to him. The fact that no one was injured as a result of firing by the petitioner would not absolve the petitioner of the offence.
5. Arguments have been heard and record perused.
6. The offences contained in the F.I.R. do not fall within the prohibitory clause of section 497, Cr.P.C. It is established on the record that .12 bore gun A has been obtained on Superdari by Sher Muhammad as it was his licensed arm. Sher Muhammad has himself been enlarged on bail. Only ineffective firing has been alleged against the petitioner.
7. In view of the fore-going the petitioner is admitted to bail subject to furnishing of bail bonds in the sum of' Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court.
N.H.Q./M-1294/L ?????????????????????????????????????????????????????????????????????????????? Bail allowed.