-Specific allegation--“Ghayr--Jaifah Munaqqullah”--Post-arrest bail, grant of--Allegation--Unlawful assembly--Common object, attacked complainant and wounded him--The Medical Officer has declared ...........

 PLJ 2024 Cr.C. (Note) 297
[Lahore High Court, Lahore]
Present: Tariq Saleem Sheikh, J.
NASIR MASIH--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 49460-B of 2024, decided on 10.9.2024.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 324, 109, 148, 149, 337-A(i), 337-A(ii), 337-F(i), 337-F(vi)--Specific allegation--“Ghayr--Jaifah Munaqqullah”--Post-arrest bail, grant of--Allegation--Unlawful assembly--Common object, attacked complainant and wounded him--The Medical Officer has declared injury attributed to Petitioner as Ghayr-jaifah munaqqillah which constitutes an offence under Section 337-F(vi), PPC--The normal punishment for that offence is Daman and in view of Section 337-N(2), PPC sentence of imprisonment can only be awarded if it is proved that accused is a previous convict or hardened criminal--Presently, there is nothing on record to show that Petitioner has any such antecedents-- The Petitioner is behind bars--The investigation is complete and he is not required for further probe--Keeping him behind bars would not serve any useful purpose--Bail allowed.           

                                                                               [Para 5 & 6] A & B

Mr. Javed Iqbal Malik, Advocate, for Petitioner.

Mr. Muhammad Mustafa Ch., DPG for State.

Date of hearing: 10.9.2024.

Order

The Petitioner seeks post-arrest bail in case FIR No. 1095/2023 dated 19-12-2023 registered at Police Station Ghakkar Mandi, District Wazirabad. The said FIR was initially registered under Sections 324/109/148/149, PPC but during investigation Sections 337-A(i)/337-A(ii)/337-F(i)/337-F(vi), PPC were added.

2.       Briefly, the allegation against the Petitioner is that on 17.12.2023 at about 07:30 p.m. he and his co-accused formed an unlawful assembly and, in furtherance of its common object, attacked the Complainant and wounded him.

3.       Arguments heard. Record perused.

4.       The specific allegation against the Petitioner is that he shot at the Complainant on his left calf with a pistol, causing Ghayr-jaifah munaqqillah. Since it is a non-vital part of the body, the question as to whether the Petitioner intended to commit his Qarl-i-Amd requires further inquiry within the meaning of Section 497(2), Cr.P.C.

5.       As adumbrated, the Medical Officer has declared the injury attributed to the Petitioner as Ghayr-jaifah munaqqillah which constitutes an offence under Section 337-F(vi), PPC. The normal punishment for that offence is Daman and in view of Section 337-N(2), PPC the sentence of imprisonment can only be awarded if it is proved that the accused is a previous convict or hardened criminal. Presently, there is nothing on the record to show that the Petitioner has any such antecedents.

6.       The Petitioner is behind the bars since 2.1.2024. The investigation is complete and he is not required for further probe. Keeping him behind the bars would not serve any useful purpose.

7.       In view of the above, this application is accepted. The Petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs. 200,000/- (Rupees two hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Bail allowed