AMIR HUSSAIN vs THE STATE and another
This matter comes before the Lahore High Court through two criminal miscellaneous petitions seeking pre-arrest bail in respect of case FIR No. 534 registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860. The prosecution case alleged that the deceased was hit by a stray or blind bullet during an exchange of firing between two rival groups over the return of dowry. The core legal question was whether the petitioners were entitled to pre-arrest bail in light of the absence of direct allegations, their exoneration by the police during investigation, and a compromise reached between the parties. The court held that since there was no direct allegation of firing against the petitioners, who were also found innocent during investigation, and given that the parties had entered into a valid compromise affirmed by the complainant in court, the petitioners had made out a case for pre-arrest bail. The key principle laid down is that pre-arrest bail may be confirmed where the accused are not directly charged with the fatal blow, are declared innocent during investigation, and a genuine compromise has been effected and verified between the parties.
- Are petitioners entitled to pre-arrest bail when there is no direct allegation of firing against them in the FIR?
- Does a compromise between the parties verified by the complainant provide a sufficient ground for confirmation of pre-arrest bail in a murder case?
- What is the effect of an accused being declared innocent by the police during investigation on a pre-arrest bail application?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
SH. NAJAM UL HASAN, J.----Through this single order, I intend to dispose of two petitions i,e, Criminal Miscellaneous No, 14387-B of 2010 and Criminal Miscellaneous No,14073-B of 2010 as both these matters relate to case F.I.R. No, 534 dated 2-4-2010 for the offences under sections 302,148,149, P.P.C. registered at Police Station Shandara, Lahore. In both the petitions the petitioners seek pre-arrest bail.
2. Briefly the prosecution case as per F.I,R. is that on 2-4-2010 at about 8-00 a.m. the complainant, her husband and children were present in the house. The complainant was taking breakfast along with her children. Suddenly, she heard the noise of firing and her husband Nazir Ahmed peeped through the window and one blind bullet hit him on his head which caused his death. The son of the complainant attended his father and he, saw that there was exchange of firing between Naveed Zulfiqar group and Mian Muhammad Amir group over return of dowry.
3. Learned counsel for the petitioners contends that there is no direct allegation against the petitioners in the F.I.R.; that one bullet hit the deceased and it is not established as to who is responsible for causing the same; that during investigation Muhammad Sarwar and Aurangzeb, petitioners in Criminal Miscellaneous No,14073-B of 2010 have been found innocent by the investigating officer; that the parties have entered into compromise as the petitioners' side has paid the Diyat amount and the affidavit of the complainant in that respect is available on the police file.
4. On the other hand, learned Deputy Prosecutor-General states that the parties have entered into compromise and the compromise deed is available on the police file.
5. I have heard learned counsel for the parties and have also gone through the record. There was no direct allegation against the petitioners of firing at the deceased. It is not clear as to who was responsible for firing which hit the deceased. Further, during investigation Muhammad Sarwar and Aurangzeb, petitioners have been declared innocent. The parties have entered into compromise.
The complainant, who is wife of the deceased, is present in Court, has affirmed the factum of compromise between the parties. As the parties have entered into compromise. So the petitioners have made out a case for pre arrest bail. Consequently, both these petitions are allowed and ad- interim pre arrest bail already granted to the petitioners stands confirmed subject to their furnishing fresh bail bonds in the sum of Rs,2,00,000 (rupees two lac only) each with one surety each in the like amount to the satisfaction of learned trial Court.