Find a Lawyer

Bail Application No.711 of 2014, decided on 12th June, 2014.

----S. 497(2)---Penal Code (XLV of 1860), Ss.324, 147, 148 & 149---Attempt to qatl-i-amd and rioting armed with deadly weapons---Bail, grant of---Principle of consistency---Case of further inquiry---Accused was in custody and his co-accused had been granted bail by court---Effect---When in F.I.R. a similar role of general nature had been assigned to all accused then grant of bail was an entitlement of all accused and not just co-accused---Being, difficult at bail stage to distinguish case of accused from his co-accused persons, therefore, present case was a case of further inquiry---Bail was allowed in circumstances. 1979 SCMR 9; 1996 SCMR 978 and 2014 PCr.LJ 261 ref. Syed Lal Hussain Shah for Applicant. Shahzado Saleem, A.P.G. and SIP Rafiq Ahmed of Police Station Eidgah for the State.

This bail application arises out of F.I.R. No.121 of 2014 under sections 147, 148, 149, 324, P.P.C. of Police Station Eidgah, Karachi. Brief facts of the case as narrated in the F.I.R. are the statement of complainant Mumtaz-ur-Rehman was recorded under section 143, Cr.P.C. and was incorporated in the F.I.R. stating therein that he is student of Final Masters in Urdu University. On 26-3-2014, he along with his colleagues namely Ishtiaq, Kamran, Sajid and Shabbir were proceeding to attend a program at Arts Council, when at about 11-30 a.m. they came out from the gate of Wafaqi Urdu University, Karachi suddenly Jawad, his brother Fawwad, Saqib and Adeel along with three other companions, to whom the complainant knows by face, who belong to A.T.I. duly armed with fire arm weapons emerged out there and with intention to kill them started firing, as a result complainant received bullet injury on right thigh, Ishtaiq received injury on right knee, Kamran received injury on left side of chest and Sajid received injuries on abdomen. Thereafter the culprits fled away from there. The complainant and injured were taken to Civil Hospital for treatment. Hence the F.I.R. was lodged. All the four accused preferred bail application before IInd Additional Sessions Judge, Karachi South and three accused persons were granted bail out of which two of the applicants" bail before arrest orders were confirmed, whereas, the bail after arrest of Fawwad (brother of present applicant) was granted. I have gone through the F.I.R., charge sheet and the order with the able assistance of the applicant"s counsel as well as the learned A.P.G. It appears from the contents of the F.I.R. that the nature of the allegations against all four persons are more or less similar and no specific role has been assigned to any of accused. Four persons have received injuries, which is yet to be determined as to which injury was caused by which of the accused and by using which weapon. The trial court has believed the version of three of the accused and upon such acceptance they have been enlarged on bail. In my humble view when in the F.I.R. a similar role of general nature has been assigned to all the accused then the grant of bail is the entitlement of all the accused and not just three accused. Counsel for the applicant has also relied upon 1979 SCMR 9, 1996 SCMR 978 and 2014 PCr.LJ 261. In all the above cases, it has been held that when co-accused who have been assigned similar role have been granted bail then it is also the entitlement of the accused who are in similar position. At this juncture, it is difficult to distinguish the case of the present applicant from other three accused persons and therefore, case of further inquiry is made out. Accordingly, this bail application is allowed. Applicant is admitted to bail subject to furnishing surety in the sum of Rs.100,000 and P.R. bond in the like amount to the satisfaction of trial Court. MH/J-14/Sindh Bail allowed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.