PLJ 2024 Cr.C. (Note) 11
[Sindh High Court, Circuit Court Hyderabad]
Present: Muhammad Faisal Kamal Alam, J.
HAKEEM another--Applicants
versus
STATE--Respondent
Crl. B. Appl. No. S-524 of 2022, decided on 30.6.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 324, 114, 147, 148, 149, 337-H(ii), 337-A(i), 337-F(i), 337-L(ii), 337-A(ii), 337-A(i), 504--Pre-arrest bail--Dismissed--Dispute of land--Specific role--According to MLR injuries caused to Complainant falls within Sections 337-A(ii), 337-A(iv), 337-F(1), PPC--Whereas injuries of Muhammad Juman falls within Sections 337-A(1), 337-A(ii), 337-F(1), 337-L(ii) and injuries caused to Yar Muhammad is classified under Section 337-A(i) and 337-L(ii), PPC--Specific role has been assigned in FIR against Applicants whereas role of other co-accused who were granted bail is different from present Applicants--The Medical Report prima facie supports version of FIR particularly injuries falling within ambit of Section 337-A(iv), that is Shajjah-i-munaggilah, for which punishment provided is ten years, which is in ambit of prohibitory clause of Section 497 (Cr.P.C.)--The Honourable Supreme Court in Judgment 2022 SCMR 640 has refused bail to accused, regarding which allegation was that he caused injury viz. Shajjah-i-khafifat classified under Section 337-A(1), PPC for which lesser punishment is mentioned, that is, of two years--This is a pre-arrest bail regarding which principle is different from that of post-arrest bail--Bail application of both Applicants is dismissed. [Para 6, 7 & 8] A, B & C
Mr. Fayaz Arain, Advocate for Applicants/Accused.
Ms. Sana Memon, A.P.G. for State.
Date of hearing: 6.6.2022.
Order
Both the applicants/accused are nominated in the FIR lodged in Crime No. 14 of 2022 at Police Station Gulab Leghari District Badin, under Sections 324, 114, 147, 148, 149, 337-H(ii), 337-A(i), 337-F(i), 337-L(ii), 337-A(ii), 337-A(i) and 504, PPC (Pakistan Penal Code).
2. The relevant contents of FIR are that on 6.3 2022 incident took place when Applicant No. 1 (Hakeem) and Applicant No. 2 (Hakam) (in CNIC his name is mentioned as Abdul Hafiz, as per the Applicants Bail Application) and other co-accused, due to old dispute in respect of lands, have attacked the Complainant (Piyaro) and his other family members, and caused injuries with sharp side of hatchet on the head of Complainant and to his other family members, besides causing lathi blows, whereas some of the co-accused also resorted to serial firing.
3. Learned counsel for the Applicants/Accused states that due to old dispute between the parties present Applicants/Accused have been falsely nominated in the FIR which has been lodged after a delay of 20 days. He has referred to the Order dated 18.4.2027 passed by the learned IInd Additional Sessions Judge, Badin, whereby bail has been granted to other co-accused except the present Applicants/Accused; consequently learned counsel also invoked the rule of consistency.
4. Learned A.P.G. Ms. Sana Memon, has opposed the concession of Bail and states that the injuries inflicted upon the Complainant and others are of gross nature as shown in the Final Medico Legal Certificate, available in the Police papers. She has cited the decision handed down in the case of Syed Hamad Raza v. The State 2022 SCMR 640, in which bail was cancelled.
5. Heard arguments and record perused.
6. According to the above Medico Legal Report injuries caused to Complainant falls within Sections 337-A(ii), 337-A(iv), 337-F(i), PPC; whereas injuries of Muhammad Juman falls within Sections 337-A(i), 337-A(ii), 337-F(i), 337-L(ii) and injuries caused to Yar Muhammad is classified under Section 337-A(i) and 337-L(ii), PPC. Specific role has been assigned in the FIR against Applicants/Accused whereas role of the other co-accused who were granted bail (as mentioned above) is different from present Applicants/Accused. The Medical Report prima facie supports the version of FIR particularly the injuries falling within the ambit of Section 337-A(iv), that is Shajjah-i-munaggilah, for which the punishment provided is ten years, which is in the ambit of the prohibitory clause of Section 497 (Cr.P.C.). The Honourable Supreme Court in the above Judgment has refused bail to the accused (of the reported case), regarding which the allegation was that he caused injury viz. Shajjah-i-khafifah, classified under Section 337-A(i), PPC for which the lesser punishment is mentioned, that is, of two years.
7. Even otherwise this is a pre-arrest bail regarding which principle is different from that of post-arrest bail.
8. Consequently, in view of the above, bail application of both the Applicants/Accused is dismissed and earlier interim bail granted is hereby recalled.
9. The observations made hereinabove are tentative in nature and shall not prejudice the case of either party at trial.
(A.A.K.) Bail application dismissed
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