| Citation(s) |
|---|
| 2026 SLG 161 2026 SLD 161 = 2026 LHC 913 = 2026 PLJ 325 |
Crl. Misc. No. 10529-B of 2025
PRESENT; (Ch. Sultan Mahmood) Judge
13.01.2026 Mr. Muhammad Usman Sharif Khosa, Advocate, for the petitioner. Mr. Shahid Aleem, Additional Prosecutor General with Ghulam Abbas SI SHO. M/s. Muhammad Nawaz Khan Sadozai and Javed Ahmad Khan, Advocates, for the complainant.
Amir
VS
. The State etc.
Law: Code of Criminal Procedure, 1898
Section: 497
Law: Pakistan Penal Code (PPC),1860
Section: 302, 324
Summary
The petitioner sought post-arrest bail under Section 497 Cr.P.C. in a murder case arising from FIR No.200/2025. The prosecution alleged that the petitioner inflicted a direct blow on the head of the deceased with a danda, resulting in serious injuries and eventual death. The Court held that, at the bail stage, it was premature to examine questions relating to applicability of Section 322 PPC or alleged pre-existing medical conditions of the deceased. Applying the eggshell skull rule, the Court observed that an accused remains liable for the consequences of his act even if the victim’s vulnerability aggravated the injury. Given the specific role attributed to the petitioner, corroboration by medical evidence and eyewitness account, and the gravity of the offence, no exceptional circumstances were found to justify bail. The petition was dismissed.
Tag Line
Post-arrest bail declined where accused inflicted direct head injury causing death—eggshell skull rule applicable—questions of lesser liability to be determined at trial.
ORDER;