RAJAB vs THE STATE
This matter arises from a criminal bail application filed by the applicant Rajab seeking post-arrest bail in a case involving charges of assault, causing hurt, and collective beatings registered at Police Station Dadu. The core legal question is whether the applicant is entitled to post-arrest bail where multiple injuries, including a fracture, are attributed collectively to four accused without specific attribution to the applicant individually. The Sindh High Court held that the applicant has made out a case for bail because the injuries were collectively attributed to four accused persons and no specific injury was assigned to the applicant. Consequently, the court allowed the bail application, directing the applicant to be released on furnishing solvent surety and a P.R. bond. The key principle laid down is that where multiple hurts are attributed generally to a number of co-accused without specific attribution to an individual petitioner, and the tentative assessment shows further inquiry into his exact guilt under section 497(2) of the Code of Criminal Procedure, bail may be granted.
- Whether an accused is entitled to post-arrest bail when multiple injuries including a fracture are collectively attributed to multiple co-accused without specific attribution?
- Does the absence of a specific role attribution to a particular accused warrant further inquiry into his guilt under bail considerations?
- Section 154, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' Prosecution case is that on 7-11-2002 Naseeban the sister of complainant Qurban went to hospital taking her ailing son there for examination and treatment. Rajab the applicant together with his brothers Bakhsan, Sajjan and a relative Phuloo abused her on the way and gave stick blows besides kicks and fists. On the shouts of Naseeban her brother Qurban came and rescued her. All the four assailants then departed hurling abuses at the lady and her brother.
2. ' The injured lady was taken to Police Station Dadu and the matter reported to them. The report was entered in the Roznamcha and the injured referred to Medical Officer Civil Hospital Dadu for examination and certificate.
3. ' On 2-12-2002 medical certificate showing 8 injuries on the person of lady was received. As the medical certificate disclosed cognizable offences also the report of Qurban was incorporated under section 154, Cr.P.C. And the investigation started.
4. ' On 25-11-2002 Rajab was arrested. After investigation the challan has been submitted before Judicial Magistrate Dadu.
5. ' The bail plea of applicant was declined by the Judicial Magistrate and then by learned Additional Sessions Judge, Dadu. Thereafter, present application has been filed.
6. ' Heard arguments. Although as many as 8 hurts were found on the person of victim lady but those have been attributed to 4 accused. The injury No,3 which is fracture is punishable with imprisonment for 7 years being Ghyr Jaifah Munaqilah whereas remaining injuries are punishable with imprisonment for 2 years. None of the injuries is specifically attributed to a particular person.
7. No doubt collective activity can also be an offence but, in the circumstances this applicant has a case for bail. . He shall be released on his furnishing solvent surety in the sum of Rs,50,000 (fifty thousand) and P.R. Bond in the like amount to the satisfaction of the learned trial Court.