MANZOOR and another vs STATE
This matter concerns a bail application filed by two applicants, Manzoor and Wali Muhammad, who are facing trial before the Sessions Judge, Dadu, in connection with Crime No. 55 of 2001. The applicants sought post-arrest bail after their initial application was dismissed. The core legal question was whether the applicants were entitled to bail despite being members of an alleged unlawful assembly, given that no specific overt act was attributed to them beyond their presence at the scene armed with lathis, while a co-accused was responsible for causing firearm injuries. The Court held that since the applicants were not assigned any overt act and the lathis they carried were not used, they were entitled to the concession of bail. The Court granted the bail application, subject to the furnishing of surety bonds in the amount of Rs. 1,00,000 each. The judgment reinforces the principle that mere presence in an unlawful assembly without specific overt acts or the use of weapons may constitute grounds for granting bail in pending trials.
- Are applicants entitled to bail when they are members of an unlawful assembly but no overt act is attributed to them?
- Does the mere possession of a lathi without its use justify the denial of bail in a case involving firearm injuries caused by a co-accused?
ORDER
1. Granted subject to all just exceptions.
2. The applicants Manzoor and Wali Muhammad are facing trial before the Sessions Judge, Dadu in Crime No,55 of 2001 alongwith co-accused. The application moved on behalf of the applicants for concession of bail pending trial was dismissed hence the present application.
I have heard the learned counsel for the applicants and State Counsel. The State Counsel has opposed the application on the ground that the applicants were members of the unlawful assembly though they were not attributed any overt act except their presence at the Vardat armed with Lathi only to facilitate co-accused Jummo who himself was armed with fire-arm and caused fire-arm injuries to Chanesar. Since no overt act has been assigned to the applicants except their presence at the Vardat armed with Lathi which has not been used. I am of the view that they are entitled for the concession of bail. Consequently the applicants Manzoor and Wali Muhammad are granted bail provided they furnish surety in the sum of Rs,1,00,000 (Rupees one lac) each and P.R.
Bond in the like amount to the satisfaction of the trial Court.
Cited by 1 case
- ISRAR AHMAD Versus State 2018 YLRN 103