PLJ 2025 Cr.C. 418
[Lahore High Court, Lahore]
Present: Farooq Haider, J
NASRULLAH alias NASRU--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 1584-B of 2025, decided on 13.3.2025.
Criminal Procedure Code, 1898 (V of 1898)--
--ص. 497--پاکستان پینل کوڈ، (XLV آف 1860)، دفعات 324، 34 اور 337-F(iii)-
-گرفتاری کے بعد ضمانت، مستردگی--الزام--قتل کی کوشش--زخمیوں کو "جرح غیر جان لیوا متصلہ" قرار دیا گیا جو دفعہ
337-F(iii)
، پی۔پی۔سی کے تحت جرم بنتا ہے اور دفعہ 324، پی۔پی۔سی لاگو نہیں ہوتی جہاں پاؤں پر فائرز لگنے کا تعلق ہے، بس اتنا کافی ہے کہ اگر چوٹ گھٹنے سے نیچے لگی ہے تو دفعہ 324، پی۔پی۔سی کا اطلاق مزید تفتیش/تحقیقات کا متقاضی ہے جیسا کہ دفعہ 497 کے ذیلی دفعہ 2 کے تحت ہے، تاہم اگر چوٹ گھٹنے کے اوپر ران پر لگی ہے تو صورت حال مختلف ہوتی ہے کیونکہ ران میں بڑی خون کی نالی یعنی فیمرال آرٹری ہوتی ہے جو کہ ٹانگ کے اوپری حصے سے لے کر گھٹنے کے پیچھے تک جاتی ہے اور جسم کے نچلے حصوں کو آکسیجن سے بھرپور خون فراہم کرتی ہے--اگر فیمرال آرٹری کو نقصان پہنچا تو ٹانگ میں کم خون پہنچنے کی حالت پیدا ہو سکتی ہے جس سے ٹانگ کا کٹاؤ، کمپارٹمنٹ سنڈروم نیز شدید خون کے اخراج کی وجہ سے موت بھی واقع ہو سکتی ہے--اگر فائر آرم چوٹ ران کے اوپر لگی ہے تو دفعہ 324، پی۔پی۔سی شواہد کی بنیاد پر لاگو ہوتی ہے، لہٰذا درخواست گزار کے وکیل کی مذکورہ دلیل قابل قبول نہیں ہے--دفعہ 324 کے تحت جرم کی سزا دفعہ 497 کے ممنوعہ شق کے دائرہ کار میں آتی ہے--ضمانت مسترد کی جاتی ہے۔
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 324, 34 & 337-F(iii)--Bail after arrest, dismissal of--Allegation of--Attempt to murder--Injuries have been declared as “Jurh Ghayr Jaifah Mutalahimah” attracting offence under Section 337 F(iii), P.P.C. and Section 324, PPC is not applicable in case as fires hit at legs is concerned, suffice it to say that if injury has been caused below knee, then applicability of Section 324, PPC requires further probe/inquiry within purview of sub-Section 2 of Section 497 Cr.P.C., however, if injury has been caused above knee on leg at thigh, then situation is otherwise because femoral artery, which is major blood vessel, is located in thigh starting from groin coming to back of knee and it supplies oxygen-rich blood to lower parts of body--So, femoral artery if damaged can cause lower limb ischemia leading to amputation of limb, compartment syndrome as well as death due to severe blood loss from a major artery in leg--If firearm injury has been caused above knee at thigh of leg, then Section 324, PPC is prima facie applicable/attracted in case, hence, aforementioned contention of counsel for petitioner is not holding water--Punishment of offence under Sections 324, PPC falls within ambit of prohibitory clause of Section 497, Cr.P.C.--Bail dismissed.
[P. 421] A & B
2021 SCMR 2017.
Rai Muhammad Naeem Kharal, Advocate for Petitioner.
Mr. Ali Hassan, Additional Prosecutor General for State along with Ghulam Abbas, ASI and record of the case.
Mr. Mazhar Iqbal Bhatti, Advocate for Complainant/ Respondent No. 2 in the petition.
Date of hearing: 13.3.2025.
Order
Through instant petition, Nasrullah alias Nasru (petitioner/ accused) has sought post-arrest bail in case arising out of F.I.R. No. 447/2024 dated 23.07.2024 registered under Sections 324, 34 PPC {offence under Section: 337 F(iii) PPC has been added subsequently} at Police Station: Sukheki Mandi, District Hafizabad.
2. After hearing learned counsel for the parties, learned Additional Prosecutor General and going through the available record with their able assistance, it has been noticed that briefly, as per Crime Report (F.I.R.) got recorded by Ishrat Abbas (complainant), petitioner fired two successive shots with his rifle .44-bore at Ghulam Abbas (brother of the complainant) with intention to kill him, one fire shot which hit at right thigh of Ghulam Abbas, went through and through and second fire shot, which hit at his left thigh also went through and through.
On Court’s query, learned Additional Prosecutor General under instructions of Investigating Officer (present in Court) and after himself going through the available record apprises that aforementioned allegation levelled against the petitioner has been supported by the Medicolegal Examination Certificate of the injured and though firstly kind of weapon was mentioned as “blunt” in the MLC (Medicolegal Examination Certificate), however, subsequently it was rectified and corrected as “firearm” by the Medical Officer with his initials; relevant portion of the Medicolegal Examination Certificate of the injured is hereby scanned below:--
adds that Ghulam Abbas (injured/victim, mentioned above) has also supported aforementioned allegation against the petitioner through his statement recorded under Section: 161, Cr.P.C. and after thorough investigation, said allegation levelled against the petitioner has been established; also adds that after the occurrence as well as registration of the case, petitioner became fugitive from law and he was declared as proclaimed offender; further apprises that rifle .44-bore was recovered from the petitioner during investigation of the case and two empty shells of rifle .44-bore were also found from the place of occurrence at the time of spot inspection and said empty shells were found as having been fired from said rifle as per report of Punjab Forensic Science Agency (available on the record). In view of above, reasonable grounds are available on the record to connect the petitioner with the commission of alleged offence and in such circumstances, abscondence of the petitioner also goes against him and in this regard case of “Muhammad Khan versus Iqbal Khan and another” (2021 SCMR 2017) can be advantageously referred; relevant portion of the same is hereby reproduced:
“Though the absconsion by itself is not proof of guilt nor insurmountably stands in impediment to release of an offender if otherwise a case for grant of bail is made out, nonetheless, it is a circumstance which cannot be invariably ignored without having regard to peculiarity of circumstances in each case as there are situations that possibly entail consequences.”
As far as contention of learned counsel for the petitioner that injuries have been declared as “Jurh Ghayr Jaifah Mutalahimah” attracting offence under Section 337 F(iii), P.P.C. and Section 324, PPC is not applicable in the case as fires hit at legs is concerned, suffice it to say that if injury has been caused below knee, then applicability of Section 324, PPC requires further probe/inquiry within the purview of sub-Section 2 of Section 497 Cr.P.C., however, if injury has been caused above knee on the leg at thigh, then situation is otherwise because femoral artery, which is major blood vessel, is located in thigh starting from groin coming to the back of knee and it supplies oxygen-rich blood to the lower parts of the body. So, femoral artery if damaged can cause lower limb ischemia leading to amputation of limb, compartment syndrome as well as death due to severe blood loss from a major artery in the leg. It would be advantageous to go through the diagram of femoral artery, which is hereby scanned below:
Therefore, if firearm injury has been caused above knee at thigh of leg, then Section 324, PPC is prima facie applicable/attracted in the case, hence, aforementioned contention of learned counsel for the petitioner is not holding the water. Punishment of offence under Sections 324, PPC falls within the ambit of prohibitory clause of Section 497, Cr.P.C.
3. In view of what has been discussed above, instant petition filed by the petitioner for grant of post-arrest bail is without
any merit and same is hereby dismissed. It goes without saying that observations made hereinabove are just tentative in nature and strictly confined to the disposal of instant bail petition.
(A.A.K.) Bail dismissed
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