SABIR HUSSAIN alias PEHLWAN vs THE STATE
This petition for post-arrest bail arises from a double murder case where the petitioner killed his sister and her alleged paramour after finding them together at midnight. The core legal question was whether the petitioner, having acted under extreme provocation upon discovering his sister in an illicit liaison, was entitled to bail pending trial. The Court held that the petitioner, having lost self-control due to the sudden provocation of finding the deceased with his sister, made out a prima facie case that the offence might fall under Section 302(c), Pakistan Penal Code 1860, which carries a lesser potential sentence. The Court emphasized that while human life is sacred, the judicial process cannot ignore the prevailing social traditions regarding honour. Consequently, the Court granted post-arrest bail, noting that the commencement of the trial does not automatically bar bail if a case for it is otherwise established. The principle laid down is that extreme provocation arising from the discovery of illicit relations can be a relevant factor in determining the nature of the offence and the entitlement to bail, provided the trial proceeds expeditiously.
- Does the commencement of a trial automatically bar the grant of post-arrest bail?
- Can the discovery of a sister in an illicit liaison at midnight constitute grave and sudden provocation sufficient to influence bail considerations?
- Is an offence potentially falling under Section 302(c) of the Pakistan Penal Code 1860 a valid ground for granting bail?
- Section 302, Pakistan Penal Code 1860
- Section 302(c), Pakistan Penal Code 1860
ORDER
' SARDAR MUHAMMAD ASLAM, J.--- The petitioner seeks post-arrest bail in case F.I.R. No,304 dated 6-4-2006 registered under section 302, P.P.C. With Police Station, Saddar Sheikhupura.
2. First information report was lodged by Gulzar Ahmad, father of the deceased Muhammad Ashiq, narrating that it was a talk of town, that his deceased son has developed illicit liaison with Mst.
Bushra Bibi (real brother's daughter of complainant). He had reprimanded his son on many occasions but to no avail. Parents of Mst. Bushra Bibi also admonished him. Deceased paid no heeds to the warning of either side. He, thus, was keeping a watch on his activities. On the fateful day at 1-00 a.m. Midnight time, he found deceased's absence from his cot. On suspicion he in the company of Rashid Ahmad and Waris Ali went to the house of Iqbal to find out his whereabouts.
Finding outer gate open he went inside the courtyard. Petitioner (his real brother's son) was sleeping in the courtyard. The complainant and the witnesses found the deceased in conversion with Mst. Bushra Bibi in the Veranda. The petitioner awoke up. He, seeing the deceased and his real sister Mst. Bushra Bibi together raised Lalkara to teach them a lesson for maintaining illicit liaison, took out a Chhuri kept under his pillow and pounced upon them. Mst. Bushra Bibi went inside the room. The petitioner caused 8/9 blow injuries with Chhuri on Muhammad Ashiq who fell down on receipt of injuries. The petitioner thereafter brought Mst. Bushra Bibi, out of the room in Veranda and caused 9/10 blows of Chhuri on her person. The complainant and other companions have been beseeching the petitioner but he did not listen to their request. Both succumbed to the injuries. The accused decamped.
3. Learned counsel for the petitioner contends that the petitioner on seeing his real sister with the deceased, who was reprimanded on many occasions by the parents of both the sides, lost self- control and caused the murder of both, hence the punishment in such-like case may not exceed more than seven years' R.I.
4. On the other hand, learned Deputy Prosecutor-General assisted by learned counsel for the complainant vehemently argued that gruesome murder of two persons by the petitioner in the name of Ghairat cannot be justified in any manner being brutal; that the charge has been framed, examination-in-chief of two prosecution witnesses has been recorded on 24-1-2007 and the cross-examination was reserved at the request of the learned defence counsel.
5. Heard. Record perused.
6. The complainant himself in his F.I.R. Admitted the misdeeds of his son of maintaining illicit liaison with the real sister of the petitioner. Complainant as well as parents of the petitioner admonished the deceased Ashiq Hussain on many a times to refrain himself from his evil pursuits. On the day of occurrence, admittedly, both were found in conversation at 1-00 a.m. Midnight time in the Veranda of the petitioner's house. The petitioner woke up on hearing the sound of footsteps of complainant and seeing the deceased lost self-control and pounced upon them causing injuries resulting into imminent 'death of both Muhammad Ashiq and Mst. Bushra Bibi. The deceased Muhammad Ashiq was not Masood-ud- Dam. He kept on his pursuit of illicit liaison, in spite of admonition by the complainant himself as well as the petitioner's parents.
7. What was expected reaction of a young man with boiling blood, seeing his real sister with her paramour at midnight time in his house. The provocation must have been at its extreme depriving self-control and loss of mental faculty. Prima facie offence may fall under section 302(c), P. P. C .
8. Grant of bail cannot be denied on the ground of commencement of trial, if a case is made out.
9. Human life is very sacred. At the same time we cannot divorce from the prevalent social set up, traditions and customs prevailing in our society, where men sacrifice their lives to safeguard the honour of their womenfolk, and, it is not considered a big sacrifice; in any manner. No religion allows widespread immorality to destroy the fabric of a family life. Such acts of immorality are not approved by most of the civilizations of the world.
10. For what has been discussed above, I am inclined to admit the petitioner to bail and direct his release subject to his furnishing bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of the learned trial Court. However, if any delay in trial is attributable to the petitioner, the complainant may seek cancellation of his bail. Learned trial Court shall conclude the trial by or before 30-4-2007.
Cited by 1 case
- ZAHEER AHMAD vs THE STATE 2010 YLR 1204