KAMRAN MASIH vs THE STATE
This criminal petition was brought by the petitioner seeking post-arrest bail in a case registered under Sections 324, 337-F(v), 337-F(i), and 34 of the Pakistan Penal Code 1860 at Police Station Harappa, District Sahiwal. The core legal question was whether the petitioner was entitled to bail on the ground that the matter warranted further inquiry. The Lahore High Court observed that the injuries attributed to the petitioner were not on vital parts of the victim's body, rendering the intention to kill under Section 324 a matter to be determined at trial after recording evidence. Additionally, the case involved two contradictory cross-versions with a separate FIR registered regarding injuries to the petitioner's mother, a contradiction between the ocular account alleging firearm injuries and the medical report showing blunt weapon injuries, and police findings declaring the petitioner innocent. Holding that these circumstances collectively brought the case within the ambit of further inquiry, the High Court accepted the petition and admitted the petitioner to post-arrest bail.
- Whether an accused is entitled to post-arrest bail when the alleged injuries are not on vital parts of the victim's body, leaving the applicability of Section 324 of the Pakistan Penal Code 1860 to be determined at trial?
- Does a conflict between the ocular account alleging firearm injuries and a medico-legal report demonstrating blunt weapon injuries make a case one of further inquiry for the grant of bail?
- Can the existence of a cross-version wherein the accused party also suffered injuries constitute a ground for admitting an accused to bail under the rule of further inquiry?
- Section 324, Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Through this petition the petitioner seeks his post-arrest bail in case F.I.R. No.408 dated 19-10-2002 registered under sections 324/337-F(v)/337-F(i)/34, P.P.C. At Police Station Harappa District Sahiwal.
2. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely involved in this case; that the offence does not fall within the prohibitory clause, that it is a case of cross-version wherein the mother of the petitioner received injuries; that co- accused of the petitioner namely Aamer and Sohail had been found innocent during the investigation which makes the case of prosecution doubtful, that the petitioner is behind the bars for the last more than 4 months and the investigation is complete and challan has been submitted and petitioner is no more required by the police for further investigation.
3. Conversely learned counsel for the State has strongly opposed the grant of bail.
4. I have heard the learned counsel for the parties and also perused the record carefully. The record reveals that injuries caused by the petitioner are not on the vital part of the body of the victim, therefore, at this stage it cannot be said with certainty that petitioner had intention to kill the injured P.W. It would be seen at the trial stage after recording of evidence whether section 324, P.P.C. Is attracted or not. Admittedly it is a case of two contradictory versions according to the other version the complainant had injured the mother of the petitioner and to this effect a separate F.I.R.
Has been registered against the complainant of this case and others. It has further been noticed that petitioner has been alleged to have caused fire-arm injury on the person of Mst. Nazi whereas according to medico legal report injuries caused to her were by a blunt weapon. The police had already declared the petitioner innocent, which has weakened the stand of the prosecution.
Keeping in view all these factors, I am of the considered opinion that case against the petitioner falls within the ambit of further enquiry entitling him to be released on bail. Accordingly, I accept this petition and admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (one lac) with surety in the like amount to the satisfaction of the learned trial Court.