NAZARO alias NAZAR MUHAMMAD and 7 otherss vs THE STATE
This matter comes before the Sindh High Court through an application for post-arrest bail filed by Nazaro alias Nazar Muhammad and seven others in respect of Crime No. 7 of 2002 registered at Police Station Qasbo, District Dadu, under sections 302, 324, 337-F(vi), 337-F(v), 147, 148, 149, and 504 of the Pakistan Penal Code. The core legal question revolves around whether the accused are entitled to post-arrest bail in a case involving a counter-version and general allegations of causing injuries with lathis and hatchets, where specific fatal firearm allegations are attributed to co-accused not before the court and the opposing party is already on bail. The court held that since it is a case of counter-F.I.R. where both parties sustained injuries, specific fatal allegations are directed against other non-applicant co-accused, and the complainant party is already enjoying bail, the applicants are entitled to the concession of bail. The court laid down the principle that in counter-version cases where injuries are sustained by both sides and general roles are attributed to the applicants while fatal blows are assigned to others, further inquiry into the guilt of the accused is attracted under section 497(2) of the Code of Criminal Procedure, warranting the grant of bail.
- Are accused persons entitled to post-arrest bail in a counter-F.I.R. case where general allegations of causing injuries are attributed to them and specific fatal blows are assigned to co-accused?
- Does the fact that the complainant party in a cross-case is already enjoying bail serve as a ground for extending bail to the accused?
- Whether bail should be granted when it is yet to be determined at trial as to which of the contending parties was the aggressor in the incident?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
ORDER
1. ' Applicants seeking bail in Crime No,7 of 2002 Police Station Qasbo, District Dadu, pending trial in Sessions Case No,260 of 2002, under sections 302, 324, 337-F(vi), 337-Vii), 147, 148, 149, 504, P. P.C.
2. ' The allegations against the present applicants are generally of causing hatchet and Lathis blow on the complainant party. Specific allegations are against Sono and Qasim who had guns in their hands of causing butt blow on the brother of the complainant Bashir Ahmed who succumbed to the injuries.
3. ' It is contended by the learned counsel for the applicants Mr. Madad Ali Shah that parties had enmity on account of some property allegedly stolen by the complainant party in respect of which some Faisala was to be arrived at but on account of the differences same could not be arrived. It is contended that both the parties have lodged the F.I.R. And the applicants' F.I.R. Of the same incident was recorded in the Station Diary No,20 on 29-7-2002 which was later on incorporated into F.I.R. It is contended that since it is a case of counter-version allegation against the applicants are general in nature and it is yet to be determined as to which of the party is aggressor. He further contends that the bail is not being sought on behalf of Sono or Qasim. It is stated at Bar that the complainant party in the counter-case is already enjoying the benefit of bail. He further contends that where it is a case of counter-F.I.R. The apex Court in the case of Shoib Muhammad v. Iftikhar-ul-Haq 1996 SCM R 1845 extended bail.
4. ' Mr. Muhammad Azeem Panhwar, learned counsel for the State contends that the complainant Gulab had received injuries which according to him are punishable fcr 1, 2 and 7 years. Likewise other person namely Mumtaz whose provisional medical report is available has received injury on the right parietal side. Final report still waited.
5. ' I have heard the arguments am perused the record.
6. The allegations against all the applicants are causing Lathis and hatchet blows on the complainant party and it is apparent from the counter-F.I.R. Which was got recorded by the applicants it appears that there are counter-cases in respect of the same incident in which both the parties have received injuries. However, one Bashir Ahmed died and the allegations are directed against Sono and Qasim of causing butt injuries on his person. Since the complainant party is also at large and benefit of bail has been extended and in view of the case of Shoaib Muhammad (supra) I extend benefit of bail to the present applicants, however, subject to furnishing 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 learned trial Court.
Cited by 3 cases
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- MUHAMMAD ISMAIL and another vs THE STATE 2008 YLR 47
- Sardar MUNIR AHMED DOGAR vs THE STATE 2004 PLD Supreme Court 822