WALI MUHAMMAD alias BHOLA vs THE STATE and another
This matter concerns a post-arrest bail application filed by the petitioner, Wali Muhammad alias Bhola, who was charged under various sections of the Pakistan Penal Code 1860 in connection with F.I.R. No. 85 of 2007. The core legal question was whether the petitioner, who was not named in the F.I.R. and whose only alleged role was transporting the main accused persons in his taxi, could be denied bail. The Court held that the mere act of transporting accused persons, without evidence of common intention or participation in the crime, is insufficient to connect the petitioner to the commission of the offence at the pre-trial stage. The Court emphasized that a taxi driver cannot be expected to assess the character of passengers. Consequently, the Court found the petitioner's case required further inquiry and admitted him to bail. The key principle laid down is that the role of a facilitator, such as a taxi driver, requires evidence of common intention or active participation to justify continued detention, and in the absence of such evidence, the case warrants further inquiry under the bail provisions.
- Does the act of transporting accused persons in a taxi, without evidence of common intention, constitute sufficient grounds to deny post-arrest bail?
- Is a taxi driver criminally liable for the acts of passengers solely based on the fact of transportation?
- Does the absence of a petitioner's name in the F.I.R. warrant a grant of bail when the only allegation is facilitation?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 396, Pakistan Penal Code 1860
- Section 395, Pakistan Penal Code 1860
- Section 365, Pakistan Penal Code 1860
- Section 224, Pakistan Penal Code 1860
- Section 225, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 440, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
' MUHAMMAD KHALID ALVI, J.---Petitioner Wali Muhammad alias Bhola seeks bail after arrest in case F.I.R. No,85 of 2007, dated 17-2-2007 under sections 302, 324, 396, 395, 365, 224, 225, 353, 440, 148, 149 & 109, P.P.C. Registered at Police Station Jampur District Rajanpur .
2. The only allegation against the petitioner recorded on the statement of Mehr Zulifqar, A.S.-I. On 18-2-2007 is that the petitioner had transported the accused persons on his Taxi who had committed the offence and are named in the F.I.R.
3. Learned counsel for the petitioner contends that petitioner is not named in the F.I.R. He is behind the bars since 4-5-2007; that he is a Taxi Driver. He is not required to assess the character of a passenger hiring his Taxi, anybody who pays fare reasonably he transports him wherever he wants.
He is. Innocent in the case. He has nothing to do with the main culprits.
4. On the other hand, learned Additional P.-G. Has opposed this application ' by contending that it is the petitioner who actually facilitated the occurrence for the main accused persons.
5. I have considered the contentions of the learned counsel for the parties.
6. Petitioner is not named in the F.I.R. The only role attributed on a statement of one Mehr Zulfiqar, A.S.-I. That he transported the main accused persons to the place of occurrence, even if, believed to be true, cannot form basis for the time being to connect the petitioner with the commission of crime, as there is no evidence that petitioner had any common intention with the mala accused persons. Had he any such intention, he should not have left the place of occurrence and rather would have joined hands with the main accused persons. In these circumstances, his case requires further inquiry. He is accordingly admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of learned trial Court.