Umer Hayat And Another vs The State
This matter arises from a criminal petition seeking post-arrest bail in respect of F.I.R. No. 124/08 registered under Sections 302 and 34 of the Pakistan Penal Code 1860 at Police Station Massan, District Jhang. The core legal question concerns the applicability of common intention under Section 34 of the Pakistan Penal Code 1860 in determining bail for accused persons who allegedly performed contributory roles during an ambush resulting in murder and injury. The Lahore High Court dismissed the bail application, holding that the petitioners actively participated in the occurrence, performed overt acts in furtherance of a common intention with their co-accused, and thus prima facie shared liability for the fatal act. The key principle laid down is that where co-accused act in concert with a shared objective, their physical presence and contributory overt acts satisfy the ingredients of Section 34 of the Pakistan Penal Code 1860, disentitling them to post-arrest bail.
- Whether an accused who did not inflict the fatal blow can be denied post-arrest bail when sharing a common intention under Section 34 of the Pakistan Penal Code 1860?
- What are the main ingredients required to establish common intention under Section 34 of the Pakistan Penal Code 1860?
- Does holding a deceased person during an assault constitute sufficient participation to attract joint criminal liability for murder?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER SYED SHABBAR RAZA RIZVI, J. - The learned counsel seeks post arrest bail petitioner in F.I.R. No. 124/08, dated 7.6.2008, under Sections 302 and 34, PPC, registered at P.S. Massan, District Jhang.
2. Briefly, according to the F.I.R, complainant Muhammad Faraz, Khizar Hayat (father) and Muhammad Faraz (brother) were coming home their animals had grazed. They were attacked by Umar Hayat petitioner armed with sota, co-accused Bahadur armed with hatchet, petitioner Muzaffar armed with Phaora and co-accused Abdul Shakoor alias Bala who were way-laying near their cattle-shed: Co- accused Abdul Shakoor raised lalkara, whereupon petitioner Muzaffar held Umar Draz while co-accused Bahadur gave a hatchet blow which hit Umar Draz on front side of his chester who, fell down. Petitioner Umar Hayat caused a sota injury upon Khizar Hayat, father of the complainant which hit him on his left arm.
3. According to the learned counsel for. The petitioner, medical report of Khizar Hayat indicates that the blow attributed to petitioner No. 1 caused only swelling whereas role attributed to petitioner No. 2 had not caused any injury to deceased or injured Khizar Hayat as allegation against him is Only to hold Umar Draz, deceased.
I have heard and pondered upon arguments of the learned counsel. Roles of both petitioners clearly show that they played overt acts and their participation in the occurrence is not Denied either, The F.I.R, stands registered under Sections 302 and 34, PPC. At this point, to appreciate the content and spirit of Section 34, PPC, same may be reproduced for convenience below:- "When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it was done by him alone."
Both petitioners performed their contributory and respective roles. They were also present at the scene of occurrence in furtherance, of their common intention to kill the deceased. The conduct and presence of petitioners clearly show that they acted in furtherance of common intention. There are three main ingredients of Section 34, PPC:-
(1) A criminal act must be done by several persons;
(2) Criminal acts must be to further the common intention of all; and
(3) There must be participation of all persons in furthering the common intention.
4. In my humble view, above ingredients are present in the instant case. Petitioner No. 1 inflicted a sota blow on wriSt of the deceased's father Khizar Hayat, whereas, petitioner No. 2 held deceased in his clasp, thereafter, co-accused Bahadur caused fatal hatchet blow to the deceased..^prior to this, all the accused including petitioners, together ambushed and intercepted the complainant party to achieve their common objective, etc. Thus, apparently, the petitioner shall also be liable for the act done by the co-accused Bahadur. Therefore, in view of the above grounds, this bail application is dismissed.