Muhammad Afzal And Another vs The State
This is a post-arrest bail application filed by Muhammad Afzal and Ghulam Shabir under Section 337-A(iii), 337-A(i), 337-F(ii), 337-F(v), 337-L(ii) read with Section 149 of the Pakistan Penal Code 1860, arising from F.I.R. No. 46 dated 4.4.2002 registered at Police Station Mian, District Sargodha. The core legal question concerns the entitlement of the petitioners to post-arrest bail for allegedly assaulting and injuring multiple persons. The Lahore High Court held that petitioner Muhammad Afzal, being attributed a head injury resulting in a fracture which attracted the prohibitory clause, was not entitled to bail. Conversely, petitioner Ghulam Shabir, having been ascribed only a simple injury and whose case was indistinguishable from other co-accused already enlarged on bail, was granted bail subject to surety bonds. The trial court was directed to conclude the trial within three months, with a stipulation regarding reconsideration of bail if the complainant fails to produce witnesses.
- Is an accused credited with a head injury resulting in a fracture attracting the prohibitory clause entitled to post-arrest bail?
- Whether an accused person whose case is indistinguishable from co-accused already enlarged on bail can be granted bail?
- Can the trial court be directed to conclude a criminal trial within a specified timeframe?
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. M.A. SHAHID SIDDIQUIE, J.-- Muhammad Afzal and Ghulam Shabir have applied for bail after arrest in case F.I.R. No. 46, dated 4.4.2002, Police Station, Mian, District Sargodha under Section 337-A(iii), 337-A(i), 337-F(ii), 337-F(v), 337-L(ii) read with, Section 149, PPC. The petitioners and 12 others have allegedly assaulted and injured Nazar Muhammad, Muhammad Younis, Muqtadir Ali, Manzoor and Muhammad Amir on 4.4.2002 at 6:30 a.m. Muhammad Afzal, petitioner caused injuries to Manzoor and Muqtadir Ali PWs with a Sota. The head injury sustained by Manzoor Ahmad, PW which resulted into fracture in the right parietal region and attracts prohibitory clause, has been ascribed to Muhammad Afzal, petitioner. Therefore, he is not held entitled to concession of bail. Ghulam Shabhir accused has caused a simple injury on the left arm of Manzoor, PW, his case is not distinguishable from the case of remaining 12 accused who have been enlarged on bail. He is, therefore, ordered to be released on bail subject to furnishing bail bond in the sum of Rs, 50,000/- (Rupees Fifty thousand) with one surety in the like amount to the satisfaction of the Trial Court. The challan is said to have been submitted before the Trial Court but the trial has not yet commenced.
2. The Trial Court is directed to conclude the trial within 3 months. The complainant shall appear before the Trial Court on each date of hearing and ensure the attendance of his witnesses, ln case the complainant fails to produce his witnesses, the Trial Court shall be at liberty to consider the question of release of Muhammad Afzal accused on bail after the expiry of 3 months. This petition stands disposed of.