MUHAMMAD BILAL vs STATE & anothers
This matter concerns a petition for post-arrest bail filed by the petitioner, Muhammad Bilal, who was incarcerated since June 2, 2015, in connection with an FIR registered under Sections 302, 148, and 149 of the Pakistan Penal Code, 1860. The core legal question was whether the petitioner was entitled to bail given the nature of the allegations and his role in the alleged offense. The complainant initially registered the FIR without nominating any accused or citing a motive, only later naming the petitioner and co-accused in a supplementary statement. The court observed that the petitioner was not assigned any specific overt act causing harm to the deceased, nor was the alleged motive attributed to him. Holding that the petitioner's implication via a supplementary statement and the lack of specific attribution made his case one of further inquiry, the court granted bail. The key principle established is that where an accused is implicated through a supplementary statement without specific attribution of a fatal act or motive, the case falls within the scope of further inquiry, warranting the grant of bail under the Code of Criminal Procedure, 1898.
- Does the implication of an accused in a supplementary statement without specific attribution of a fatal act constitute a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is an accused entitled to bail when the initial FIR does not nominate them and no specific motive is attributed to them in the supplementary statement?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Petitioner, behind the bars since 2.6.2015, seeks admission to bail in case FIR, No, 155 dated 20-4- 2915 registered with Police Station Shah Jamal, District Muzaffargarh under Sections 302, 148 & 149 of the 'Pakistan Penal Code, 1860 on the statement of Ashiq Hussain, complainant, alleged wherein is that on the fateful day i.e, 20-4-2015, on receipt of some information, Ashiq Hussain, complainant went to the spot to find dead body of his brother Atta Hussain on rear seat of car bearing Registration No, DEB/3144. The incident was reported to the police, however, none was nominated as accused nor any motive cited for the crime; on the following day through a supplementary statement, the complainant arrayed Mazhar Hussain, Muhammad Ajmal, Saleem Ullah and Bilal- petitioner as accused for the crime. Motive for the crime was a sum of Rs, 2,50,00,000/- owed by Mazhar Hussain and Muhammad Ajmal to the deceased. According to the supplementary statement fatal shots are assigned to Mazhar Hussain and Muhammad Ajmal co-accused whereas the present petitioner is shown at the spot alongside his co-accused.
2. Heard. Record perused.
3. On stated facts the petitioner is not assigned any hart to the deceased nor subsequently introduced motive is pointed on him. Given the role assigned to the petitioner and his implication through a supplementary statement subsequent to the registration of First Information Report, cumulatively make out a case of further inquiry within the contemplation of Section 497(2) of the Code of Criminal Procedure, 1898; even otherwise, continuous detention of the petitioner is serving no useful purpose. Consequently, this petition is allowed and petitioner is admitted to bail on his furnishing bond in the sum of Rs, 200,000/- (two lac) with one surety in the like amount to the satisfaction of the learned trial Court.