Ghulam Yasin. vs The State etc.
This matter concerns a petition for pre-arrest bail filed by an accused charged under Section 302 of the Pakistan Penal Code 1860 for the murder of his daughter. The core legal question was whether the petitioner was entitled to pre-arrest bail in a case involving an alleged honour killing, particularly where legal heirs had purportedly pardoned the accused. The Lahore High Court dismissed the petition, holding that pre-arrest bail is an extraordinary relief not available to an accused against whom a prima facie case of murder exists. The Court emphasized that honour killing is an offence against the State and society, and the mere fact of a compromise by legal heirs does not automatically entitle an accused to bail. The judgment established that under the Criminal Law (Amendment) Act 2004, offences committed in the name of honour are subject to strict conditions regarding compounding, and such cases fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, thereby precluding the grant of pre-arrest bail in the absence of demonstrated mala fides or extraordinary circumstances.
- Does a compromise by legal heirs automatically entitle an accused to pre-arrest bail in a murder case?
- Can pre-arrest bail be granted in a case of honour killing where a prima facie case is established?
- Does an offence committed in the name of honour fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- What is the effect of the Criminal Law (Amendment) Act 2004 on the compounding of murder cases committed in the name of honour?
- Section 302, Pakistan Penal Code 1860
- Section 345, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
- Criminal Law (Amendment) Act 2004
Ghulam Yasin, petitioner seeks bail before arrest in case FIR No.323/2015 dated 29.09.2015, registered under Section 302 PPC, at Police Station Satyana, District Faisalabad.
2. The allegation against the petitioner is that he murdered his real daughter namely Shahida Parveen aged about 16/17 years.
3. Arguments heard. Record perused.
4. The petitioner is nominated in the promptly lodged FIR with a specific role.
5. The petitioner has murdered his own daughter in cold blood and is feeling no remorse for what he has done.
6. Mere fact that the legal heirs of the deceased have pardoned the petitioner is not sufficient to entitle the petitioner to pre-arrest bail as the offence alleged against the petitioner is against the State as well as the society. Honour killing is prevailing in our society and every day innocent people are murdered in cold blood in the name of honour, which is deplorable.
7. Section 345 Cr.P.C. has been amended by the Criminal Law (Amendment) Act 2004 (Act I of 2005) and now sub-section 2-A has been inserted in Section 345 Cr.P.C. according to which if a murder has been committed in the name of honour, compromise cannot be allowed without certain conditions and approval of the trial court is mandatory. The relevant section is reproduced as under:- Section 345 Cr.P.C. "Compounding Offence. (1) The offences punishable under the sections of the Pakistan Penal Code specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table.......
(2-A) Where an offence under Chapter XVI of the Pakistan Penal Code, 1860 (Act XLV of 1860) has been committed in the name or on the pretext of karokari, siyahkari or similar other customs or practices, such offence may be waived or compounded subject to such conditions as the Court may deem fit to impose with the consent of the parties having regard to the facts and circumstances of the case."
8. To discourage honour killing an amendment has also been made in Section 302 PPC and a proviso has been inserted by the Criminal Law Amendment Act 2004 (Act I 2005), which is reproduced as under:- Section 302 PPC. "Punishment of qatl-i-amd. Whoever commits qatl-i-amd shall, subject to the provisions of this Chapter be;
(a) punished with death as qisas;
(b) punished with death or imprisonment for life as ta'zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in section 304 is not available; or
(c) punished with imprisonment of either description for a term which may extend to twenty-five years, where according to the Injunctions of Islam the punishment of qisas is not applicable Provided that nothing in this clause shall apply to offence to qatl-i-amd if committed in the name or on the pretext of honour and the same shall fall within the ambit of clause (a) or clause (b), as the case may."
9. The offence alleged against the petitioner falls within the prohibitory clause of Section 497 Cr.P.C.
10. The petitioner has failed to point out any malafide on behalf of the complainant or the police to falsely implicate him in this case. Recoveries are yet to be effected from the petitioner.
11. Bail before arrest is an extraordinary judicial relief which requires extraordinary circumstances and is granted to protect innocent persons from humiliation and disgrace. Such concession could not be granted to an accused against whom a prima facie murder case is made out.
12. For what has been discussed above, the instant petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.