MAKHDOOM alias MAPPI vs THE STATE
This matter comes before the Lahore High Court through a petition filed by Makdoom alias Mappi seeking post-arrest bail in respect of offences under sections 148, 302, and 149 of the Pakistan Penal Code 1860, registered vide F.I.R. No. 280 at Police Station Satiana, District Faisalabad. The core legal question concerns whether the petitioner is entitled to post-arrest bail given that the narrative and police report suggest the death may have resulted from an accident or misfortune rather than intentional murder, alongside the existence of a compromise and the grant of bail to a similarly situated co-accused. The court held that the case against the petitioner falls within the purview of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898 and consequently allowed the petition. The key principle laid down is that where the material on record prima facie suggests an accidental death or a lesser bailable offence rather than premeditated murder, and where a co-accused facing similar allegations has been admitted to bail, the case warrants further inquiry under section 497(2), Code of Criminal Procedure 1898, justifying the grant of post-arrest bail.
- Does a case warrant further inquiry under section 497(2) of the Code of Criminal Procedure 1898 when the incident prima facie appears to be an accident rather than intentional murder?
- Can post-arrest bail be granted on the basis of a compromise confirmed through an affidavit during investigation?
- Is the rule of consistency applicable when a co-accused attributed with a similar firearm injury has already been admitted to post-arrest bail?
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 173, Code of Criminal Procedure 1898
- Section 80, Pakistan Penal Code 1860
- Section 318, Pakistan Penal Code 1860
- Section 319, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' ASIF SAEED KHAN KHOSA, J.---Through this petition Makdoom alias Mappi petitioner has sought post-arrest bail in case F.I.R. No.280 registered at Police Station Satiana, District Faisalabad on 8-4- 2007 in respect of offences under sections 148/302/149, P.P.C. During the investigation section 337- H(ii), P.P.C. Had been added to the. F.I.R. And sections 148 and 149, P.P.C. Had been deleted therefrom.
2. The narrative of the incident contained in the F.I.R., when read with the report submitted by the local police under section 173, Cr.P.C., prima facie supports an inference that the death of the deceased had come about as a result of an "accident" or a "Khata" attracting either section 80, P.P.C. Or sections 318/319, P.P.C. And not section 302, P.P.C. According to section 80, P.P.C. Nothing is an offence which is done by accident or misfortune and an offence under sections 318/319, P.P.C. Is bailable. During the investigation of this case the complainant had sworn an affidavit and had confirmed therein the factum of a compromise between the parties and a reference to this aspect of the matter has been made in the case-diary, dated 21-6-2007. It may not be out of place to mention here that a co-accused of the petitioner namely Naseem-uz-Zaman, also attributed a firearm injury to the deceased, has already been admitted to post-arrest bail by this Court vide order, dated 19-9-2007 passed in Criminal Miscellaneous No. 5877-B of 2007.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.