Muhammad Saleem Alias Gaga And Another vs The State
This matter concerns a petition for post-arrest bail filed by Muhammad Saleem alias Gaga and Muhammad Khan in connection with F.I.R. No. 1 registered at Police Station Gaggo, District Vehari, for offences under Sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to bail given the specific allegations and evidence presented in the police record. The court observed that the prosecution alleged the petitioners fired ineffectively and caused no injuries to the deceased or any prosecution witnesses. Furthermore, no recoveries were effected from the petitioners. Consequently, the court held that the case against the petitioners required further probe and inquiry, bringing it within the scope of Section 497(2) of the Code of Criminal Procedure 1898. The court granted the bail application, directing the petitioners to furnish bail bonds in the sum of Rs. 200,000 each with two sureties to the satisfaction of the trial court, establishing the principle that ineffective firing without injury or recovery warrants further inquiry for bail purposes.
- Does ineffective firing without causing injury or recovery of weapons warrant the grant of bail under Section 497(2) of the Code of Criminal Procedure 1898?
- Is a case requiring further probe and inquiry sufficient grounds for admitting an accused to post-arrest bail?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
MUHAMMAD FARRUKH MAHMUD, Muhammad Saleem alias Gaga and Muhammad Khan petitioners have sought their post-arrest bail in case F.I.R. No. 1 registered at' Police Station, Gaggo, District Vehari on 1.1.1998 for an offence under Sections 302/324/148/149, PPC.
2. According to the F.I.R, the precise allegation against , the petitioners is that they fired ineffectively with their weapons.
3. I have heard'the leamed counsel for the parties and have also perused the record of the case.
According to the police record, admittedly, the petitioner did not cause any injury to the deceased or to any PW. No recovery was affected from the petitioners. In these circumstances the allegation against the petitioners needs further probe and inquiry within the ambit of sub-section (2) of Section 497,.Cr.P.C. Therefore, the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs. 2,00,000/- (Rupees two hundred thousand only) each with two sureties each in the like amount to the satisfaction of the leamed Trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.