GHULAM RASUL vs THE STATE And 4 Other
This matter arises from a petition for the cancellation of bail granted by the Lahore High Court to respondents Nos. 2 to 5 in a criminal case involving charges under the Pakistan Penal Code 1860. The core legal question concerns the propriety of granting post-arrest bail to co-accused persons who were either placed in column No. 2 of the police report by the investigating officer or were attributed simple injuries, as opposed to the main accused who allegedly inflicted the fatal blows. The Supreme Court of Pakistan dismissed the petition, holding that the principles applied by the High Court judges in granting bail were unexceptionable, particularly given that sufficient weight must be attached to the result of an investigation when an accused is placed in column No. 2, and that the participating co-accused were only attributed minor or simple injuries. The key principle laid down is that bail is properly granted to co-accused individuals who are placed in column No. 2 upon investigation or whose specific roles involve only simple injuries, distinguishing them from the principal offender.
- Whether sufficient weight should be attached to the result of an investigation when an accused is placed in column No. 2 for the purpose of bail?
- Should bail be refused to co-accused persons who are attributed only simple injuries while the fatal blow is assigned to another accused?
- Are the principles for granting bail to co-accused properly satisfied when their specific roles involve minor or simple injuries?
- Section 307, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
MUSHTAQ HUSSAIN, J.-On the night between 15/16-6-1980 Abdul Ghafoor deceased went to his field. Ali Muhammad, Muhammad Saleem Muhammad Ishaq, Faqir and their co-accused Muhammad Ramzan were watering their fields. Ghafoor deceased protested. He was accompanied by his brother Nazar Hussain, complainant and others. Ali Muhammad is then said to have raised a lalkara. He was armed with a sickle, Muhammad Ramzan was armed with a kassi, Muhammad Saleem and Muhammad Ishaq were armed with hatchets and Faqir with stick. Ali Muhammad opened the assault and gave three dater blows on the head of the deceased. Ramzan gave a kassi blow to him which hit him on his right shoulder and right collar bone. He fell down and Ishaq hit him on the right knee. Muhammad Saleem gave a hatchet blow which hit the deceased on the finger. Lal Shah, Ghulam Rasool and Shah Muhammad are said to have intervened and received injuries from Faqir with a stick in the bargain. Ghafoor died at the hospital. An F. I. R. Was registered on 15-6-1980 at 6-40 a.m. Under section 307/148/149, P. P. C. At Police Station Yazman, Tehsil and District Bahawalpur on the statement of Nazar complainant. Ramzan, Saleem, Ishaq and Faqir Muhammad applied for bail to the High Court of Lahore. A learned Judge of that Court admitted Ramzan to bail on 28-10-1980. Another learned Judge admitted respondents 3 to 5 to bail by his order dated 12-11-1980.
2. On 30-8-1980 that is two and a half months after the occurrence a counter case was filed by the respondents. It was, however, dismissed later on. This is an application for cancellation of the bail of respondents Nos. 2 to 5.
3. The learned Single Judge of the High Court granted bail to Muhammad Ramzan on the ground that his name had been shown in Column No. 2 by the Investigating Officer. In the circumstances he was right in accepting the application of Muhammad Ramzan for sufficient weight has to be attached to the result of the investigation particularly when an accused is placed in Column No. 2 on account of it. Muhammad Saleem and Muhammad Ishaq caused one simple injury each on the firs finger and knee of the deceased, while Faqir is said to have inflicted a simple injury with a soti.
The main accused in the case Ali Muhammad who was armed with a dater and who inflicted the injuries which caused the death of the deceased, has not been granted bail.
4. We find that the principles on which the two learned Single Judges of the Lahore High Court based their orders are unexceptionable. This petition for cancellation of bail is, therefore, dismissed.
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