GHULAM SABIR and another vs THE STATE
This matter arises from a petition for post-arrest bail filed by Ghulam Sabir and Zulfiqar Ahmad alias Billo in connection with FIR No. 127 dated 3-8-2003 registered under sections 302, 148, 149, and 109 of the Pakistan Penal Code 1860 at Police Station Bambanwala, District Sialkot. The core legal question concerns whether the petitioners, who were attributed abetment and conspiracy in a murder case where the witnesses of the conspiracy were not named in the initial FIR, are entitled to post-arrest bail. The Lahore High Court held that the omission of the conspiracy witnesses' names in the FIR renders the case one of further inquiry under the criminal procedure framework. Consequently, the court granted post-arrest bail to the petitioners subject to furnishing surety bonds. The key principle laid down is that the unexplained omission of material conspiracy witnesses from the primary police report can bring the case of an accused charged with abetment within the scope of further inquiry, warranting the grant of bail.
- Does the omission of conspiracy witnesses' names in the FIR make a case one of further inquiry for the purpose of bail?
- Is an accused charged with abetment entitled to post-arrest bail when the primary witnesses supporting the conspiracy allegation are not named in the initial report?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
' BASHIR A. MUJAHID, J.---- Ghulam Sabir and Zulfiqar Ahmad alias Billo petitioner seek after arrest bail in case F.I.R. No,127 dated 3-8-2003 under sections 302, 148, 149, 109, P.P.C. Registered with Police Station Bambanwala District Sialkot at the instance of Aamar Sajjad.
2. The allegation against the petitioners by the complainant is that on 3-8-2003 at 12-30 p.m. After noon he was driving Toyota Hiace Wagon No,8761/LPT from Cheema Hospital to Wazirabad. When he reached at Adda Kandan Sian, the present petitioners along with co-accused Sami Ullah, Matloob, Ayub, Muhammad Iqbal, Nasir and others confronted the complainant and forcibly 'stopped his wagon by parking two buses and dragged him out of the vehicle and started beating.
' Meanwhile, Akhtar, Tariq alias Taru, Chora, Zahoor, Asghar armed with firearms came on motorcar and started giving beating to the complainant. Zulfiqar, Rizwan and Aslam also attracted to the spot and they tried to intervene. On which, Akhtar co-accused made straight fire at Zulfiqar who succumbed to the injuries. The complainant was also injured in the same occurrence.
' According to the complainant, the occurrence took place at the abetment of Zulfiqar alias Billu and Sabir present petitioners.
3. The relief was declined to the petitioner by the learned Additional Sessions Judge, Daska vide order dated 6-1-2004. Hence this petition.
4. Learned counsel for the petitioner and for the State have been heard exhaustively and record has been perused.
5. Petitioners have been attributed abetment in the case and according to the prosecution, statements of two witnesses Humayon and Qaiser in this regard have been recorded who have stated that the presence of present two petitioners, it was planned by the accused party that they would not allow plying of the vehicle even if they have to commit murder. After hatching the above-said conspiracy, till the occurrence took place, the matter was not reported to the police and no precautions were taken. It is important to note that names of witnesses of conspiracy have not been mentioned in the F.I.R., which makes the case of the petitioners that of further inquiry.
Therefore, they are admitted to bail subject to their furnishing of bail bonds in the sum of Rs,50,000 with one surety each in the like amount to the satisfaction of the trial Court.