MUHAMMAD YAQOOB vs THE STATE
This matter arises from a petition for post-arrest bail filed by Muhammad Yaqub in relation to F.I.R. No. 310 of 2004 registered under Sections 302, 452, and 34 of the Pakistan Penal Code at Police Station Dera Rahim, District Sahiwal. The core legal question concerns whether the petitioner is entitled to post-arrest bail given that he was found innocent during police investigation and was attributed only a lalkara without causing any firearm injury to the deceased. The Lahore High Court accepted the bail petition, holding that the petitioner was a relative of the principal accused, did not cause any injury, and the possibility of his false involvement could not be ruled out. The key legal principle laid down is that where an accused is assigned a general lalkara without causing injuries and is declared innocent during investigation, further inquiry into his guilt brings his case within the scope of section 497(2) of the Code of Criminal Procedure, warranting the grant of bail.
- Whether an accused found innocent during police investigation is entitled to post-arrest bail?
- Does attribution of a lalkara without causing any injury to the deceased justify withholding bail?
- Can the possibility of false involvement of a relative of the principal accused serve as a ground for granting bail?
- Section 302, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' M.A. SHAHID SIDDIQUI, J.---Muhammad Yaqub petitioner seeks post-arrest bail in a case F.I.R.
No,310 of 2004 dated 4-7-2004 under sections 302/452, 34, P.P.C. Registered with Police Station Dera Rahim, District Sahiwal.
2. As per F.I.R. The occurrence took place on 4-7-2004 at about 5-00 p.m. Muhammad Ikram complainant his father Khan Muhammad, brother Muhammad Aslam, mother Mst. Suraya Bibi and uncle Muhammad Jaffer were busy in conversion while sitting in the courtyard of the house of the complainant at the relevant time. Allegedly Rasheed Ahmad his brother Abdul Ghafoor made their way into the house of the complainant. Muhammad Maqbool was armed with a gun while the remaining accused including the petitioner were carrying .222 bore rifle. The present petitioner raised a Lalkara that anyone who step forward would be killed. Muhammad Maqbool accused fired with his gun hitting Khan Muhammad on his chest. The motive for the offence is that Muhammad Maqbool accused suspected that complainant brother Muhammad Jaffer carried illicit intimacy with his sister Mst. Zaiba. The matter was reported to the police and during the investigation of the case Sarfraz Gillani S.H.O. Police Station Dera Rahim found that all the accused except Muhammad Maqbool were innocent.
3. While pressing the release of Muhammad Yaqub it is argued that he has been found innocent during the investigation of the case and he has not caused any injury to the deceased.
4. While opposing the bail application learned counsel for the complainant has argued that Sarfraz Gillani S.H.O. Was not competent to investigate this case, as such the findings of the innocence recorded by him is of no consequences.
5. I have heard the learned counsel for the parties and perused the record. The petitioner happened to be a relative of Muhammad Maqbool the principle accused, who has not caused any injury to the deceased and only allegation against him is that he has raised a lalkara. The possibility of his false involvement in the case cannot be ruled out. In these circumstances, I accept this petition and release .The petitioner on bail subject to furnishing bail bonds in the sum of Rs,1,00,000 (one lac) with one surety in the like amount to the satisfaction of the learned trial Court.