ATTA ULLAH vs THE STATE
This petition for leave to appeal was filed against the judgment of the Lahore High Court, which dismissed the petitioner's application for post-arrest bail in a criminal case registered under sections 324, 336, 337-A(vi), and 337-F(i) of the Pakistan Penal Code 1860. The core legal question concerned whether the petitioner was entitled to bail given the duration of his incarceration, the lack of medical evidence for two of the three alleged victims, and the fact that one alleged injured witness had exonerated the petitioner during testimony. The Supreme Court observed that the petitioner had been incarcerated for over one year, that two of the three alleged victims failed to undergo medical examination, and that a key prosecution witness had exonerated the accused. Consequently, the Court held that these circumstances warranted the grant of bail. The principle laid down is that where the prosecution's case is weakened by the absence of medical corroboration for alleged injuries and the exoneration of the accused by a prosecution witness, the continued incarceration of an accused pending trial becomes unjustified, justifying the grant of post-arrest bail.
- Does the failure of alleged victims to undergo medical examination constitute a ground for granting post-arrest bail?
- Can the exoneration of an accused by a prosecution witness during trial proceedings justify the grant of post-arrest bail?
- Is prolonged incarceration without the conclusion of a trial a relevant factor in determining the grant of post-arrest bail?
- Section 324, Pakistan Penal Code 1860
- Section 336, Pakistan Penal Code 1860
- Section 337-A(vi), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
ORDER
1. ' TANVIR AHMED KHAN, J.---This petition is directed Against the judgment, dated 18-2-2002 of the learned Single Judge of Lahore High Court, whereby the petitioner post-arrest bail application was dismissed.
2. ' Brief facts are that F.I.R. No,47 of 2001 was recorded under sections 324/336/337-A/(vi) and 337- F(i), P.P.C., at Police Station Galib Market, Lahore on 18-2-2001 at the instance of Muhammad Faheem. The allegation against the petitioner is that he being armed with .12 bore gun resorted to firing which caused injuries to Shehzad. Kanwal, Aleem Arshad and Sheikh Adnan who were busy in kite flying on the roof top of the house of the complainant. Bail is sought on the ground that the petitioner is behind the bar for the last more than one year as he was arrested on 29th of March, 2001 and the conclusion of the trial is not within sight. Out of the alleged three injured only one got himself examined namely Shehzad Kanwal and other two did not offer themselves for medical examination. No recovery whatsoever has been effected from the petitioner. It is further argued that Sheikh Adnan alleged injured appeared as P.W.1 and he has totally exonerated the petitioner.
3. ' Learned counsel for the State submits that the petitioner has caused injuries and the trial has already commenced.
4. We have considered the contentions and have gone through the documents appended, with this petition. It is not denied that the petitioner is behind the bar of the last more than one year. It is also not denied that out of the three injured only Shehzad Kanwal got himself medically examined and rest of the two alleged injured persons did not offer themselves for medical examination. The petitioner has totally been exonerated by P.W.1 Sh. Adnan keeping into consideration the aforestated features of the case. We are of the view that it is a fit case for the grant of post-arrest bail. Accordingly we admit the petitioner to bail provided he furnishes bail bonds in the sum of Rs,1,00,000 with two sureties in the like amount to the satisfaction of the Trial Court, after converting this petition into an appeal.