| Citation(s) |
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| 2026 SLG 1315 2026 SLD 1315 = 2026 SCP 10 = 2026 SCMR 1196 |
Criminal Petition No.187-K of 2025 (On appeal against the Order dated 02.10.2025 passed by the High Court of Sindh Bench Sukkur in Cr.Bail App.No.S348 of 2025)
Mr. Justice Muhammad Ali Mazhar Mr. Justice Syed Hasan Azhar Rizvi
Mr. Amir Nawaz, ASC Petitioners are also present
Ashfaque Hussain and others …Petitioners
VERSUS
The State … Respondent
Law: Pakistan Penal Code, 1860
Section: 141,149,354-A,452, 337 A(i), 337 F(i), 506/2, 504, 114, 147, 148
Law: Code of Criminal Procedure, 1898
Section: 497,498 ,161
Tagline : (1) Common object of the assembly must be one of the five objects mentioned in Section 141 PPC (2) According to Section 149 PPC, every member of an unlawful assembly at the time of committing of the offence is guilty of that offence. (3) Offence under Section 354-A PPC is a heinous crime which falls under the prohibitory clause of Section 497 Cr.P.C.
Summary
In this Supreme Court order by Justice Muhammad Ali Mazhar, petitioners Ashfaq Hussain Rind, Afaq Rind, and Rizwan Rind challenged the rejection of their pre-arrest bail in FIR No. 33/2025 under multiple PPC sections, including 354-A for assault on a woman. The FIR alleged the petitioners, armed with lathis and pistols, entered the disabled complainant's home, assaulted him and his daughter (causing head injuries and tearing her clothes), amid a land dispute. The Court dismissed the petition, finding sufficient evidence of their specific roles, common object under Sections 141/149 PPC, and the heinous nature of Section 354-A attracting the prohibitory clause of Section 497 Cr.P.C., ruling out further inquiry or mala fides.
Core Points
Petitioners nominated with specific roles in FIR: Afaq and Rizwan inflicted lathi blows on the daughter's head; all caused body injuries and dragged her by hair, tearing clothes.