MUHAMMAD TUFAIL vs THE STATE
This matter comes before the Lahore High Court through a second bail application arising from F.I.R. No. 794 dated 30-11-2006 registered under sections 302, 148, 149 and 386 of the Pakistan Penal Code at Police Station Manga Mandi, Lahore. The core legal question concerns whether post-arrest bail should be granted to the petitioner who has faced an unreasonable delay in the commencement of his trial exceeding two years, coupled with the absence of weapon recovery and the co-accused being attributed the specific role of firing. The court held that the unreasonable protraction of trial not caused by the accused furnishes a sufficient ground for further inquiry into the guilt of the accused under section 497(2) of the Code of Criminal Procedure, thereby allowing the bail application. The key principle laid down is that prolonged incarceration without the commencement of a trial, where the delay is not attributable to the accused, constitutes a valid ground for the grant of bail.
- Does unreasonable protraction of trial not caused by the accused furnish a ground for post-arrest bail?
- Whether absence of weapon recovery during investigation can be considered for further inquiry into the guilt of an accused?
- Can delay in the commencement of a trial exceeding two years justify the grant of bail in a murder case?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 386, Pakistan Penal Code 1860
ORDER
' SYED SHABBAR RAZA RIZVI, J.---The learned counsel has filed this second bail application in F.I.R.
No,794/2006, dated 30-11-2006. The F.I.R. Was registered at Police Station Manga Mandi, Lahore under sections 302, 148, 149 and 386, P.P.C.
2. According to the F.I.R. Five accused persons including present petitioner intercepted the complainant and his companions while they were going to the Dera of one Haji Rehmat Ali. All the accused resorted to firing with their respective weapons of offence. The firing caused by all the accused hit different parts of complainant's son Shaukat Ali who became seriously injured. Said Shaukat Ali was rushed to the General Hospital where he expired.
3. The earlier Bail Application, Criminal Miscellaneous No,492-B/2008 was dismissed on 26-2-2008 that the petitioner was member of the unlawful assembly which caused death and injuries to the deceased. It was noted that it was not possible to determine whether murder was caused by an individual or by all the accused mentioned in the F.I.R. It was further noted that co-accused Muhammad Mushtaq alias Makha was still at large and name of the petitioner was mentioned in the F.I.R.
4. I have heard the learned counsel for the petitioner and the learned Deputy Prosecutor-General, the accused Muhammad Mushtaq alias Makha is still at large and other two accused Liaqat and Shaukat have just been arrested on 4-5-2007 and the trial has not commenced as yet.
5. Speedy trial is a right of an accused person which apparently has already been denied in this case as far as, case of the petitioner is concerned. He was arrested on 26-12-2006, thus, already more than two years have expired and in the above circumstances, trial has still not commenced.
Unreasonable protraction of trial, itself furnishes a ground if the same is not caused by the accused or any person acting on his behalf. The learned Deputy Prosecutor-General, Punjab has also stated that specific role of firing has also been attributed to co-accused Mushtaq alias Makha. During the course of investigation, no weapon of offence was recovered from the petitioner though he remained on legal remand. In view of the above, there are sufficient grounds for further inquiry into guilt of the petitioner. Thus, in view of the above grounds, this bail application is allowed subject to petitioner's furnishing surety bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of the trial Court of Area Magistrate.