ATTAR vs THE STATE
This matter arises from a post-arrest bail application filed by the accused, who was named in Crime No. 11 of 2002 registered at Police Station Jagan, District Shikarpur, following a mutual altercation and firing incident between two sides on 11-2-2002 resulting in fatal injuries and counter F.I.Rs. The core legal question was whether the applicant was entitled to bail given that he was named in the first information report as being armed with a G-III rifle but was not attributed with direct firing causing the deaths. The court held that since no specific fatal attribution was made against the applicant despite being armed, his case fell within the scope of further inquiry under the law. The court granted post-arrest bail to the applicant subject to furnishing the requisite security bond, laying down the principle that where an accused in a counter-version case involving cross-firing is not attributed with a fatal shot, his complicity requires further inquiry warranting the grant of bail.
- Is an accused entitled to post-arrest bail when named in an FIR with a weapon but not attributed with causing fatal injuries in a counter-firing incident?
- Does the registration of counter FIRs and mutual firing from both sides make a case one of further inquiry for the purpose of bail?
ORDER
1. Apparently an incident had occurred on 11-2-2002 before the Police Station, Jagan, District Shikarpur and this incident was recorded in Crime No.11 of 2002. There were several persons on both sides who had an altercation and firing took place from both sides. This resulted in both sides suffering fatal injuries. Counter F.I.Rs. Have been registered by both sides. The present accused who has moved bail application has been named in the F.I.R., as armed with G-III rifle however, he has not been attributed with direct firing on persons who eventually died. Hence it is a case of further enquiry. Bail is granted to the applicant in the sum of Rs.One hundred thousand and P.R. Bond in the like amount, to the satisfaction of the trial Court.
Cited by 2 cases
- CHANESSAR BHEEL Versus State 2020 PCrLJN 87
- Chanessar Bheel vs The State 2019 KLR Criminal Cases 174