Muhammad Shafi vs The State
This matter arises from a criminal miscellaneous petition seeking post-arrest bail on behalf of the petitioner, Muhammad Shafi, 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 and found innocent during the investigation, is entitled to post-arrest bail under the principle of further inquiry. The Lahore High Court held that since the petitioner was empty-handed, found not present at the scene during investigation, and his continuous detention would serve no useful purpose, his case fell within the ambit of further inquiry. The court granted post-arrest bail subject to the furnishing of surety bonds. The key principle laid down is that where an accused is attributed only a general lalkara without an overt act and is found innocent during investigation, his continued incarceration pending trial is unwarranted and he is entitled to bail under Section 497(2) of the Code of Criminal Procedure 1898.
- Whether an accused attributed only a proverbial lalkara without any overt act is entitled to post-arrest bail?
- Does a finding of innocence during police investigation make the case one of further inquiry under criminal jurisprudence?
- Whether continuous detention of an accused is justified when the trial is yet to conclude and his presence at the crime scene is doubtful?
- 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 SH. AZMAT SAEED, J. - Cr. Misc. 1782-B of 2007 seeking post-arrest bail on behalf of petitioner Muhammad Shafi arises from case F.I.R. 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 Razaq injured.
3. Arguments advanced by the learned counsel 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 oh bail provided he furnishes security in the sum of Rs. 2,00,000/- with two sureties each in the like amount to the satisfaction of the Trial Court.