MULAZIM HUSSAZIN SHAH vs THE STATE
This matter arises from a criminal petition for bail filed by Mulazim Hussain Shah against the State before the Lahore High Court. Fourteen accused were mentioned in the First Information Report, including ten named and four unknown persons. The core legal question was whether the petitioner was entitled to post-arrest bail where he was alleged to have fired a shot during the incident, but the shot did not hit anyone and no specific injury was attributed to him. The court held that the case against the petitioner fell within the scope of further inquiry under criminal jurisprudence. Consequently, the court accepted the petition and allowed bail to the petitioner subject to furnishing the requisite surety. The key principle laid down is that where an accused is alleged to have fired a shot without causing any injuries to any person, the case ordinarily warrants further inquiry, making the accused a fit case for the grant of post-arrest bail.
- Is an accused entitled to bail when alleged to have fired a shot that did not hit anyone?
- Does a case qualify for further inquiry when no specific injury is attributed to the petitioner?
ORDER
' Fourteen accused were mentioned in the F.I.R. 10 were named and four were unknown. F.I.R. Was lodged by Khan Shah, two persons Tanveer Abbas and Ashiq Hussain were injured but no specific injury is attributed to them. In fact, allegation against the petitioner is that he fired a shot but did not hit anybody.
2. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case, that he has been sent to judicial lock-up, that case is of further inquiry.
3. On the other hand, learned counsel for the State submits that no injury is attributed to the petitioner, that though he fired a shot but nobody received any injury from his hands.
4. We have heard learned counsel for the parties. In the instant case, petitioner fired a shot but the same did not hit anybody. In our view, it is a case of further inquiry; therefore, this petition is accepted. Petitioner is allowed bail in the sum of Rs,50,000 (fifty thousand) with one surety in the like amount to the satisfaction of trial Court.