MUHAMMAD SAFFAR and 3 others vs THE STATE
This matter concerns a bail application filed by four applicants facing trial for offences under the Pakistan Penal Code 1860, specifically involving allegations of ineffective firing in a case where the primary accused was charged with the fatal shooting of the deceased. The core legal question was whether the applicants, who were alleged to have played a secondary role, were entitled to bail following the acquittal of the main accused. The court observed that the main accused, Qadir Bux, had already been acquitted due to a compromise reached between the legal heirs of the deceased and the accused, which included the payment of Diyat. Given that the principal accused responsible for the fatal shot had been acquitted, the court held that the applicants were entitled to be released on bail. The principle laid down is that where the main accused charged with the fatal act has been acquitted through a compromise, the co-accused charged with ineffective firing are entitled to the concession of bail, as the case against them requires further inquiry.
- Are co-accused charged with ineffective firing entitled to bail if the main accused responsible for the fatal shot has been acquitted?
- Does a compromise between the legal heirs of the deceased and the main accused provide grounds for the release of co-accused on bail?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. ' The applicants were challaned to face trial along with co-accused Qadir Bux for the offences punishable under sections 302, 324, 147, 148, 149, P.P.C. According to prosecution case, the fatal shot causing death of Jan Muhammad was fired by co-accused Qadir Bux. During the pendency of the case, the complainant party and the legal heirs of deceased Jan Muhammad have entered into a compromise, who according to complainant has paid Diyat amount. The learned Advocates for the applicant have submitted that there is allegation of ineffective firing on the part of the applicants.
2. Since the main accused Qadir Bux already stands acquitted, as a result of compromise between the legal heirs of deceased and accused Qadir Bux, therefore, I am persuaded to agree with the contention of learned Advocates for the applicants that they are entitled to be released on bail.
3. All the four applicants are consequently granted bail in the sum of Rs.2,00,000 (Rupees Two Lac) each and PR Bond in the like amount to the satisfaction of the trial Court.