MUHAMMAD ASIF vs THE STATE
The applicant sought post-arrest bail in a criminal case registered under Sections 324, 147, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Mithadar, Karachi South. The prosecution alleged that the applicant and co-accused armed with pistols attacked the victim, during which gunfire resulted in injuries to both a victim and an alleged accomplice. During the proceedings, the learned counsel for the applicant contended that the parties had effected an out-of-court compromise, which was supported by the statements of eyewitnesses and an injured party present in court. The State Counsel conceded to the bail plea in light of the compromise. The Sindh High Court observed that the injured parties confirmed the settlement and harbored no further grievance, and noted the physical condition of the accused. Consequently, the court granted post-arrest bail to the applicant subject to furnishing surety and a personal recognizance bond.
- Whether post-arrest bail can be granted when the parties have effected an out-of-court compromise?
- Can bail be conceded by the State Counsel based on a compromise between the parties?
- Does the presence and confirmation of a compromise by injured witnesses support the grant of bail?
- Section 324, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. ' The applicant is facing trial in the Court of VIIth Additional Sessions Judge, Karachi South for an offence under sections 324/147/148/149, P.P.C. In F.I.R. No,39 of 2003 of Police Station Mithadar, Karachi South.
2. ' The brief facts of this case are that on 26-3-2003 at about 5-00 p.m. Complainant Tariq Ahmed Qazi appeared before Mithadar Police Station and made a statement that he was running a business of Estate Agency near his residence. On the aforesaid date at about 6-00 p.m. While he was sitting outside the shop accused Shahid Chand alongwith four unknown persons armed with T.T. Pistols came there on motorcycle. They started beating Bilal with kicks and fists blows. On commotion Muhallah people were attracted and the culprits opened fire which hit their own companion namely Asif. He fell down. Another accused Shahid Chand fired at Bilal who also received injuries and on sustaining injuries he fell down. The culprits then leaving their companion Asif on the spot fled away. The people snatched pistol from Asif and took both "injured through Bantwa Hospital Ambulance and admitted them in civil hospital. The incident was witnessed by Ilyas, Saleem Ansari and other Muhallah people.
3. ' After registration of F.I.R. The police started conducting investigation and arrested the accused.
4. Applicant was since admitted in the hospital, Mashirnama of arrest was prepared on the very same day in the hospital.
5. ' It is argued by learned counsel for applicant that the parties have patched up the matter outside the Court but since the injured accused Asif is not in position to attend the Court, therefore, the compromise application cannot be submitted in the trial Court. The eye-witnesses namely Tariq, Ahmed Qazi, Muhammad Saleem Ansari and injured Jalal Bux have confirmed the factum of compromise. Injured Jalal is also present in Court and supports this position.
6. ' Mr. Javed Akhtar learned State Counsel has conceded to the bail plea of accused as parties have patched up the matter outside the Court.
7. ' The record shows that one of the culprits Asif has received serious injuries and is admitted in the hospital. It is submitted that he has been paralyzed and has not even been able to speak. Injured lalal is present in Court and states that they have compromised with the accused and now they have no grievance, if the bail is granted to the accused. Since the accused is not able to move, therefore, he is extended concession of bail. He is granted bail subject to furnishing surety in the sum of Rs,50,000 (Rupees fifty thousand only) and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.