ATTAULLAH and anothers/Petitioners vs THE STATE
This matter arises from a petition for post-arrest bail in respect of F.I.R. No. 182 dated 5-12-2004 registered under sections 302/34/109 of the Pakistan Penal Code 1860 at Police Station Gunjial, District Khushab. The core legal question concerns the entitlement of the accused to post-arrest bail where the sole allegation is ineffective firing, no injuries are attributed to them, no recoveries were effected, and they were declared innocent during investigation and placed in Column No. 2 of the challan. The Lahore High Court held that the petitioners have made out a case for further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The court allowed the petition and admitted the petitioners to post-arrest bail upon furnishing appropriate surety bonds. The key principle laid down is that accused persons attributed only ineffective firing, found innocent during police investigation, and placed in Column No. 2 of the challan are generally entitled to post-arrest bail as their case falls within the scope of further inquiry.
- Whether an accused person attributed only ineffective firing and declared innocent during police investigation is entitled to post-arrest bail?
- Does the placement of an accused's name in Column No. 2 of the challan provide a sufficient ground for the grant of bail?
- Whether the absence of any recovery from the accused during investigation warrants the concession of bail in a murder case?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
' MIAN MUHAMMAD NAJAMUZ-ZAMAN, J.---Seeks post-arrest bail in case F.I.R. No.182, dated 5-12- 2004 for the offence under sections 302/34/109, P.P.C. Registered at Police Station, 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) eath with one surety each in the like amount to the satisfaction of Deputy Registrar (Judi.) of this Bench.