MUHAMMAD SHAFI vs STATE
This matter arises from a criminal miscellaneous petition seeking post-arrest bail on behalf of the petitioner Muhammad Shafi in connection with case FIR No. 146 registered under Sections 302, 324, 109, and 34 of the Pakistan Penal Code 1860. The core legal question concerns whether the petitioner, who was attributed only a proverbial lalkara, found innocent during investigation, and shown as empty-handed, is entitled to post-arrest bail on the ground of further inquiry. The Lahore High Court held that the petitioner's case falls within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, noting his continuous detention would be inconsequential as the trial had not progressed. The court directed the release of the petitioner on post-arrest bail subject to furnishing surety bonds. The key principle laid down is that an accused person attributed only a proverbial lalkara, found innocent during police investigation, and whose continued incarceration serves no useful purpose pending trial, makes out a case for further inquiry warranting the grant of bail.
- Whether an accused attributed only a proverbial lalkara and found innocent during investigation is entitled to post-arrest bail?
- Does a case fall within the ambit of further inquiry when the accused is empty-handed and trial has not progressed?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
Crl. Misc. 1782-B of 2007 seeking post-arrest bail on behalf of petitioner Muhammad Shafi arises from case FIR No, 146 dated 29.4.2007 registered with Police Station Khangarh District Muzaffargarh for offences under Sections 302/324/109/34 P.P.C.
2. It is the case of the prosecution that petitioner being one of the members of the unlawful assembly raised Lalkara whereupon his co-accused fired from their respective weapons resulting in the death of complainant's son and injuries to Abdul Razad injured.
3. Arguments advanced by the learned counsels for the petitioner, State and the complainant heard. Record perused.
4. Petitioner is only attributed proverbial lalkara with no attribution of any overt act whatsoever either to deceased or the injured. Admittedly, he is the father of co-accused Mushtaq Ahmed and Ghulam Mustafa. He was stated to be empty handed and during the investigation was found not present at the time and place of occurrence and thus found innocent. He is behind the bars since his arrest and there is no progress in the trial which is yet to conclude and I am of considered view that his continuous detention would be inconsequential. In my view petitioner's case squarely falls within the ambit of further inquiry, hence, I direct that petitioner shall be released on bail provided he furnishes security in the sum of Rs, 200,000/- with two sureties each in the like amount to the satisfaction of the trial Court.