MUHAMMAD SHAHID Versus STATE
The petitioner sought leave to appeal against the dismissal of his pre-trial bail application by the High Court of Sindh in a criminal case registered under Section 324 of the Pakistan Penal Code. The core legal question concerned whether the petitioner was entitled to bail given the circumstances of the case, including the lack of independent eye-witnesses, absence of any injuries sustained by the complainant, and delayed lodging of the First Information Report. The Supreme Court converted the petition into an appeal and allowed it, granting bail to the appellant. The Court held that on a tentative assessment of the evidence collected by the police, where no injuries were caused and independent witnesses were lacking despite a daytime occurrence, a fit case for the grant of bail was made out.
- Whether a petitioner is entitled to bail when no injuries are sustained and no independent eye-witnesses are cited in a daytime incident?
- Does a delay in lodging the First Information Report justify the grant of bail in an attempted murder case?
- When can the Supreme Court convert a petition for leave to appeal into an appeal and grant bail?
- Section 324, Pakistan Penal Code
1. MUKHTAR AHMAD JUNEJO, J.--- Petitioner Muhammad Shahid has sought leave to appeal against a judgment by the High Court of Sindh dismissing his Criminal Bail Application No. 1167 of 1995. .
2. Case against the petitioner was registered by Brigade Police Karachi East under F.I.R. No.170 of 1995 on complaint of Muhammad Ashfaq lodged on 17-8-1995 at 4-25 p.m. Muhammad Ashfaq alleged that on 17-8-1995 at 8.00 or 9.00 a.m. he was in his house, when the petitioner and his brother Sajid called him out and demanded from him Rs.1,000 per month as "Chanda" for a political party and that on his refusal to pay the "Chanda", he was threatened of being killed and was fired at 4/5 shots, but he avoided the shots by rushing in his house and closing the door. Police registered the case and took over investigation. The petitioner was arrested but not Sajid. The case was challenged in the Special Court (S.T.A.), Karachi.
3. Petitioner's bail prayer was rejected by the trial Court on 9-10-1995 and was rejected by the High Court of Sindh on 15-11-1995. Hence this petition for leave to appeal.
4. Sardar Muhammad Ishaque, learned counsel for the petitioner argued that there was no eye-witness of the incident except complainant Muhammad Ashfaq, that neither the complainant nor anybody else was injured, that the evidence of recovery was of no use as the pistol in question was not sent to the ballistic expert, and that the F.I.R. was delayed as it was lodged at 4-25 p.m. Mr. Zawwar Hussain, learned Assistant Advocate-General Sindh appearing in consequence of notice issued to the Advocate-General, opposed the application for bail. Learned Assistant Advocate-General conceded that no injure- was caused to the complainant but argued that an attempt was made at his life and hence the offence punishable under section 324 of P.P.C. amended by the Qisas and Diyat Ordinance, was made out. Learned Assistant Advocate-General could not explain delay in lodging of the F.I.R. except that the complainant was scared of the petitioner and his brother and their party.
5. In the F.I.R. it has not been pinpointed whether 4/5 shots were fired at the complainant by the petitioner or by Sajid. The incident took place outside the house of the complainant behind German Hotel. Jacob Line, Karachi during broad daylight and yet no person was cited as eye-witness. On the tentative assessment of the evidence collected by the police, we are of the view that this is I a fit case for grant of bail to the petitioner.
6. Consequently, this petition is converted into appeal and, allowed and appellant Muhammad Shahid is granted bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court.
7. N.H.Q./M-35/S Petition allowed.