ANEES and another vs THE STATE and another
The petitioners sought post-arrest bail in a case registered under section 302 read with section 34 of the Pakistan Penal Code 1860 in respect of an FIR concerning the qatl-e-amd of the complainant's sister. The core legal question was whether the petitioners, who were attributed only with raising a Lalkara and standing armed without inflicting any fatal blows, were entitled to post-arrest bail pending trial. The Lahore High Court held that where the petitioners were named in the FIR without any overt act causing injuries to the deceased and their vicarious liability was yet to be determined at trial, their case fell within the scope of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898. The court laid down the principle that an accused whose case falls within the purview of further inquiry is entitled to bail as of right and cannot be detained unnecessarily.
- Whether an accused attributed only with raising a Lalkara and standing armed without causing any physical injury to the deceased is entitled to post-arrest bail?
- Does a case involving the determination of vicarious liability at trial fall within the scope of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898?
- Is an accused whose case is covered under further inquiry entitled to bail as of right?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' CH. IFTIKHAR HUSSAIN, J.--- Petitioner Anees and Hamid through the instant petition have prayed for post-arrest bail in case F.I.R. No,380 registered under section 302 read with section 34, P.P.C. With Police Station Seetal Mari, District Multan on 3-8-2009.
2. Briefly the prosecution case as per the F.I.R. Is that on 3-8-2009 at about 2-30 p.m., they while having pistol and Chhuri, respectively along with Hasnain having dagger like Chhuri, in furtherance of their common intention have committee the qatl-e-amd of Mst. Safia Bibi, the deceased sister of the complainant. Hasnain had inflicted her Chhuri blows under and upper side of her umbilicus and frontal side of the chest and the right rib. She succumbed to her injuries. They, while remained standing there are raising Lalkara prohibiting others not to come near them, otherwise, they would kill them.
3. After hearing the learned counsel for the parties and perusing the record, I find that though they are named in the F.I.R. But without any overt act particularly qua the deceased. Their mere presence at the spot as narrated in the F.I.R. Is in the way that they had raised Lalkara prohibiting others not to come near them, otherwise they would kill them.
4. It is needless to mention here that in this way their vicarious liability perhaps has been shown in the matter by the prosecution. There cannot be any cavil to proposition that such liability is to be determined at trial. Hence, their case is amply covered within the mischief of subsection (2) of section 497, Cr.P.C. Calling for further inquiry into their guilt.
5. Here it may be mentioned that they were shown to have been arrested on 5-8-2009 and in this way it was about five months ago. It may be mentioned here that the case of an accused, when may become for bail on the ground of further inquiry, he then is entitled to such relief as of right and in such a situation he cannot be detained unnecessarily for a moment even.
6. I, therefore, accepted this petition and admit them to bail in the sum of Rs,100,000 (rupees one lac) each with one surety each inthe like amount to the satisfaction of the learned trial Court.