MUMTAZ and 5 others vs THE STATE
This matter concerns a post-arrest bail application filed by the applicants, Mumtaz, Peeral, Mor, Shabir, and Pathan, who were charged under sections 324, 353, 332, 147, 148, and 149 of the Pakistan Penal Code 1860, following an alleged attack on police officers during a raid. The core legal question was whether the applicants were entitled to the confirmation of their interim pre-arrest bail, given the nature of the injuries sustained and the ongoing investigation. The Court observed that the medical evidence indicated only minor injuries (Shajjah-i-Khafifa) caused by blunt weapons, contradicting the FIR's claim of a cross-fire incident. Noting that the identification of the specific assailants remained a matter of further inquiry and that the alleged offenses carried sentences of less than ten years, the Court held that the grant of bail is the rule and refusal is the exception. Consequently, the Court confirmed the interim bail previously granted to the applicants, emphasizing that the case required further investigation to establish culpability.
- Is the grant of bail the rule and refusal the exception in cases where the potential imprisonment is less than ten years?
- Does the existence of minor injuries in a case involving alleged cross-fire warrant further inquiry for the purpose of bail adjudication?
- Section 498, Code of Criminal Procedure 1898
- Section 324, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 332, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. ' This is bail application under section 498, Cr.P.C. Filed by applicants Mumtaz Muharram, Peeral, Mor, Shabir and Pathan against whom a case under sections 324, Qisas and Diyat Ordinance, 353, 332, 147, 148 and 149, P.P.C. Has been registered with Police Station, Bhand Mari as Crime No,10 of 1999.
2. ' The brief facts of the case are that when complainant Inspector Ali Mardan Silro, S.H.O. Police Station, Bhand Mari, on receipt of spy information, went to the house of Mumtaz in village Mor-ja- Bhan to secure unlicensed arms and ammunitions and checking of criminal type of persons, they were attacked by several persons including the applicants herein-. Some of the persons who were involved in the attack ran away. A case was accordingly registered and the applicants apprehending their arrest filed an application for pre-arrest bail which was granted on 13-8-1999.
3. However, on 2-11-1999 the pre-arrest bail granted to them earlier was recalled. Consequently, the applicants have filed the present application on which this Court on 29-11-1999 granted interim bail in the sum of Rs,50,000 each.
4. Mr. Abdul Fatah Mughal, Advocate appearing for the State submitted that according to Medical Certificate issued by Senior Medical Officer, Civil Hospital, Dadu, only two persons were found to have sustained injuries namely Muhammad Usman (informer) who received five injuries caused by a blunt weapon and P.C. Ali Akbar who suffered one injury on left temporal region of the skull by a blunt weapon. Both injuries have been described as Shajjah-i-Khafifa. It is difficult to believe that no one received any injury when according to the F.I.R. There was cross-fire between the police and the other party. In the instant case, enquiry is yet to be completed as to who caused the injury and on whom. It is a matter of further enquiry. Grant of bail where imprisonment is less than ten years is a rule and its refusal is an exceptional. Confirmation for bail is also not opposed by Mr. Abdul Fatah Mughal, Advocate appearing on behalf of the State. Accordingly, interim bail granted earlier to the applicants in the sum of Rs,50,000 each is hereby confirmed on the same terms and conditions.