Attaullah And Another vs The State
This criminal miscellaneous petition seeks post-arrest bail on behalf of the petitioners in case FIR No. 182 dated 5.12.2004 registered under Sections 302, 34, and 109 of the Pakistan Penal Code 1860 at Police Station Gunjial, District Khushab. The core legal question concerns whether post-arrest bail should be granted when the accused are only attributed ineffective firing, caused no injuries to the deceased, were declared innocent during the investigation, and had their names placed in column No. 2 of the challan. The Lahore High Court allowed the petition and admitted the petitioners to post-arrest bail, holding that the role attributed to them of ineffective firing, coupled with being declared innocent during the investigation and placed in column No. 2, made their case one of further inquiry under the relevant provisions of criminal procedure. The key principle laid down is that where an accused is attributed only ineffective firing and found innocent during investigation, bail is appropriately granted.
- Whether post-arrest bail can be granted to an accused attributed only ineffective firing during a murder incident?
- Does the placement of an accused's name in column No. 2 of the challan after being declared innocent during investigation justify the grant of bail?
- Is an accused entitled to bail when no injury is attributed to them and no recovery is made from them during investigation?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.- Seeks post-arrest bail in case FIR No. 182, dated 5.12.2004 for the offences under Sections 302/34/109, PPC registered at P.S. Gunjial, District Khushab.
2. The allegation against the petitioners is that on 5.12.2004 at about 2-00 p.m. Both of them being armed with fire-arms along with co-accused in furtherance' of their common intention committed the murder of Mst. Sughran Bibi deceased. The precise allegation against the petitioners is that they made ineffective firing at the relevant time.
During the investigation petitioners were arrested on 6.1.2005. The bail application of the petitioners was dismissed by the Sessions Judge, Khushab vide order dated 7.4.2005. Hence this petition.
3. - Heard. File perused.
4. Admittedly there is no allegation against the petitioners with regard to causing injury to the deceased. The only role attributed to the petitioners is that of making ineffective firing at the relevant time. During the investigation nothing was recovered from the petitioners and both of them have been declared innocent. The names of both the petitioners had been placed in column No. 2 of the challan.
Accordingly, this petition is allowed, petitioners are admitted to bail provided they furnish bail bonds in the sum of Rs.1,00,000/- (one lac) each with one surety each in the like amount to the