MUHAMMAD KHAN vs STATE and another
This matter comes before the Lahore High Court through a criminal petition seeking post-arrest bail in respect of FIR No. 543 dated 5.11.2014 registered under Sections 302 and 34 of the Pakistan Penal Code, 1860 at Police Station Machi-wal, District Vehari. The core legal question revolves around whether the petitioner, to whom only a lalkara (incitement call) is attributed without any overt act of firing, is entitled to post-arrest bail pending trial when the principal offender is already behind bars and a co-accused has been granted bail. The Court decided to accept the petition and granted post-arrest bail to the petitioner. The holding establishes that where an accused is assigned only a lalkara and no overt act in a murder case, and co-accused persons have received relief or require further inquiry, the case falls within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure, 1898, justifying the grant of bail.
- Whether post-arrest bail can be granted to an accused whose only attributed role in a murder case is raising a lalkara?
- Does the assignment of a lalkara without an overt act bring the case of an accused within the purview of further inquiry under criminal jurisprudence?
- Whether parity in treatment with a co-accused released on bail is a valid ground for granting bail to another accused?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
ORDER
' This petition has been moved seeking post-arrest bail in case FIR No, 543 dated 5.11.2014 under Sections 302, 34 of Pakistan Penal Code, 1860, registered with Police Station Machi-wal, District Vehari.
2. FIR was registered on the complainant made by Aalamgir. Facts of case are that on 5.11.2014 at about 8.00 A.M., Shameer-Ullah, son of the complainant went out of house after taking breakfast. At that time Muhammad Khan (petitioner) was standing in the street. In the meanwhile, Saeed and Waqes came there on a motorcycle. Muhammad Khan (petitioner) raised lalkara to kill Shameer- Ullah, on which Saeed took out pistol from "Neipha" and made three fire shots on Shameer-Ullah hitting his abdomen, left thigh and right hip, respectively, who fell down. Motive behind the occurrence is stated to be a dispute of complainant over land with Muhammad Khan (petitioner).
3. Arguments heard and record perused.
4. FIR was registered initially under Section 324, PPC, however, offence under Section 302, PPC was added subsequently as Shameer-Ullah succumbed to the injuries. Petitioner is named in the FIR with only role of raising lalkara to co-accused. No overt act except lalkara is attributed to him. Main role of firing was assigned to co-accused Saeed, who is behind the bars. Co-accused Muhammad Waqas who was also named in the FIR, was found not involved in the occurrence. He has already been allowed bail by learned Additional Sessions Judge, Vehari vide order dated 30.1.2015. In the circumstances, guilt of petitioner needs further probe and his case calls for further inquiry.
5. In view of above reasons, this petition is accepted and petitioner be released on bail, subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- with one surety in the like amount to the satisfaction of the trial Court.