FARID Versus DHAULAR SHER
This is a criminal petition for post-arrest bail arising from a trial before the Vth Additional Sessions Judge, Larkana, under sections 380, 459, 148, and 337-H(ii) of the Pakistan Penal Code 1860. The core legal question concerns whether the applicant is entitled to bail where the injury attributed to him is simple in nature, no recovery has been effected from him, and the complainant and witnesses filed affidavits expressing inability to identify the culprits due to the dark night. The Sindh High Court held that the applicant is entitled to bail, given the simple nature of the injury, the lack of recovery, and the identification doubts raised by the complainant and witnesses, with no objection from the State Counsel. The key principle laid down is that post-arrest bail may be granted when evidentiary weaknesses such as doubtful identification and simple injuries exist, alongside the absence of incriminating recoveries.
- Is an accused entitled to post-arrest bail when the injury attributed to him is simple in nature and no recovery has been made?
- Does an affidavit by the complainant and witnesses expressing inability to identify the culprit due to a dark night provide grounds for granting bail?
- Section 380, Pakistan Penal Code 1860
- Section 459, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
ORDER
1. The applicant is facing trial before Vth Additional Sessions Judge, Larkana in a case under sections 380, 459, 148, 337‑H(ii), P.P.C.
2. Mr. Muhammad Saleem Jessar, Advocate for the applicant contends that the injury allegedly caused by the present applicant simple in nature and no recovery has been made from him and that the complainant as well as other witnesses have filed affidavits before the trial Court stating that due to dark night they were unable to identify the culprits.
3. In view of the facts that no recovery has been mad, from the applicant and the injury caused by him is simple in nature. Mr. Abdul Fatah Mughal, State Counsel has no objection to the grant of bail to the applicant.
4. In view of the fact that the injury attributed to the applicant is simple in nature and the complainant as well as witnesses are not sure about his identification, the applicant is admitted to bail subject to surety in the sum of Rs.75,000 and P.R. Bond in the like amount to the satisfaction of trial Court.
5. N.H.Q./K‑26/K Bail granted