DOSTAIN vs THE STATE
This bail application arises from Crime No. 73 of 2001, registered at Police Station Karampur, concerning an alleged offence under Section 337-A of the Pakistan Penal Code 1860. The applicant sought post-arrest bail, contending that there was a delay in the registration of the First Information Report (F.I.R.) and asserting discrepancies between ocular and medical evidence. The incident involved a dispute over water irrigation occurring at night, where the complainant party alleged injuries caused by lathies, hatchets, and physical blows. The core legal question was whether the applicant was entitled to bail given the circumstances of the incident and the evidentiary challenges presented. The Court held that, given the night-time occurrence of the incident in a field, identifying specific assailants and the nature of injuries inflicted was difficult. Furthermore, noting that co-accused had already been granted bail and that continued incarceration would serve no purpose, the Court granted bail. The key principle laid down is that where the identification of specific assailants is difficult due to darkness and the circumstances of the incident, and where co-accused have been granted bail, the applicant is entitled to the concession of bail pending trial.
- Is an accused entitled to bail when the incident occurred at night making identification of specific assailants difficult?
- Does the grant of bail to co-accused provide a ground for the grant of bail to the applicant?
- Section 337-A, Pakistan Penal Code 1860
ORDER
1. ' The applicant has filed this bail application in connection with Crime No,73 of 2001, Police Station ,Karampur for offence under section 337-A. It is claimed that on 4-10-2001 in the night the incident occurred. The complainant party had gone to irrigate their lands when the accused confronted them. Some of them had Lathies and other had hatchet. In the F.I.R. The name of the present applicant has also been mentioned. Except for Rasheed who had hatchet in his hand the rest had Lathies. It is also claimed that Dostain hit Mughal with the Lathi and injured him on the nose. The rest of the accused caused Lathi injuries as well as through kicks and fists blows to the complainant and Mughal.
2. ' The applicant has prayed for bail as according to him there is delay in registration of the F.I.R., and there is difference between the ocular and medical evidence. The co-accused have also been granted bail.
3. ' I have seen the documents on record and have noted that Dr. Suresh Annand had issued a Certificate dated 6-8-2001 where after another certificate has been issued dated 12-10-2001 where it is claimed that the injuries had been caused by some hard and blunt substance. A full Board of Medical Expert have also got together and have gone through the reports issued by Dr. Suresh Annand and have confirmed his reports. They have specially confirmed the report in respect of Hameed. However, the report in connection with Mughal has not been mentioned. Whilst it is not denied that the injuries were sustained by Mughal, it is a night time incident and the fight has occurred in the land. In the darkness it would be difficult to identify as to who inflicted what type of injuries on the other. The entire dispute was over water and upon confrontation with each other, Lathies were used. It is the case where the bail should be granted as nothing will be achieved by keeping the person behind the bars. Indeed if any evidence is brought on record once the case proceeds -then perhaps the applicant could be convicted or acquitted. The bail is accordingly granted in the sum of Rs,100,000 (Rupees one lac only) with P.R. Bond in the like amount to the , satisfaction of the trial Court.