SHAFIQ vs THE STATE
The petitioner sought post-arrest bail under section 497, Code of Criminal Procedure 1898, in respect of a case registered under sections 302/109/148/149, Pakistan Penal Code 1860, at Police Station Khanqah Dogran, District Nankana Sahib. The core legal question was whether the petitioner, who was alleged to be armed and part of an unlawful assembly but was declared innocent during police investigation and attributed no specific injury to the deceased, was entitled to post-arrest bail. The Lahore High Court held that since the petitioner allegedly was merely present at the scene without causing any injury and was declared innocent by the police during investigation, his complicity as a member of an unlawful assembly sharing a common intention fell within the scope of further inquiry under subsection (2) of Section 497, Code of Criminal Procedure 1898. The petition was accordingly accepted, and the petitioner was admitted to bail subject to furnishing appropriate security bonds. The key principle laid down is that where an accused is declared innocent during police investigation and no overt act of causing injury is attributed, the question of constructive liability via an unlawful assembly warrants further inquiry, making a case for post-arrest bail.
- Does an accused declared innocent during police investigation qualify for post-arrest bail under Section 497(2), Code of Criminal Procedure 1898?
- Whether mere presence at the scene of occurrence without causing any injury to the deceased makes the question of common intention one of further inquiry?
- Is an accused entitled to bail when the role attributed is that of a member of an unlawful assembly without an overt act of causing injury?
- Section 497, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' ABDUL SHAKOOR PARACHA, J.---Shafique son of Malla, petitioner, through this petition under section 497, Cr.P.C. Seeks bail after arrest in case F.I.R. No.419, dated 5-10-2006, registered at Police Station Khanqah Dogran, District Nankana Shaib, for offences under sections 302/109/148/149, P.P.C.
Relief of bail has been declined to the petitioner by the learned Additional Sessions Judge, Nankana Sahib, vide orders, dated 23-1-2008, hence this petition.
2. As per F.I.R., allegation against the petitioner is that he while armed with .222 bore rifle in company of his other co-accused formed an unlawful assembly and caused death of Manzil Abbas.
3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the case; that allegedly he did not cause any injury to the deceased; that he was declared innocent during the course of investigation by the police; that he is no-more required for purpose of investigation and is in judicial lock-up for a considerable period.
4. On the other hand, petition for bail has been opposed by the learned Deputy Prosecutor General assisted by the learned counsel for the complainant. They contend that the petitioner is nominated in the F.I.R.; he was member of unlawful assembly and that he along with his other co-accused initiated attack in which Manzil Abbas was murdered.
5. I have heard the learned counsel for the parties and perused the record. Allegedly the petitioner was merely present at the aceneof occurrence; he did not cause any injury to the deceased.
During investigation the petitioner has been declared innocent by the police. Whether the petitioner was member of unlawful assembly and shred the common intention of his co-accused to murder the deceased is a question of further inquiry. The petitioner is behind the bars for a considerable period.
6. In view of above, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the trial Court/Duty Judge.