SHER MUHAMMAD alias SHERO vs The STATE
This matter arises from a criminal bail application filed by the accused, Sher Muhammad alias Shero, seeking post-arrest bail in case FIR No. 05 of 2018 registered at Police Station 298 RD, District Sohbat Pur, under Sections 302, 109, and 34 of the Pakistan Penal Code 1860. The core legal question concerns whether the accused is entitled to post-arrest bail where he is nominated in the FIR and was allegedly present with the main assailant, but no active role of firing or direct causation of death is attributed to him, and whether his case falls within the scope of further inquiry under criminal jurisprudence. The Balochistan High Court held that since the role attributed to the applicant was merely taking the deceased to the place of occurrence, and it remained to be ascertained whether the murder was pre-planned or occurred at the spur of the moment, the case warranted further inquiry. The court consequently allowed the bail application, granting post-arrest bail subject to the furnishing of surety bonds, establishing the principle that tentative assessment of record pointing toward further inquiry entitles an accused to bail where specific overt acts of the fatal assault are absent.
- Whether an accused nominated in the FIR without any specific role of firing or fatal assault is entitled to post-arrest bail on the ground of further inquiry?
- Does accompanying the main perpetrator to the place of occurrence constitute sufficient ground to deny bail when the question of pre-planning requires evidence at trial?
- When can a criminal case be considered one of further inquiry under bail jurisprudence?
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
ABDULLAH BALOCH, J. This order disposes of Crl. Bail Application No,(S)70 of 2019 filed by the applicant (accused) Sher Muhammad Shero son of Imam Bakhsh, who is seeking bail after arrest in case FIR No,05 of 2018, Police Station 298 RD District Sohbat Pur , under Sections 302, 109, 34, P .P.C.
2. Facts of the case are that on 23th June, 2018, the complainant Gul Muhamm ad son of Khamiso lodged the above FIR with the averments that he along with his family members and other relatives is residing at Goth Wandah Daulat Pur and by profession he is an agriculturist. On the day of occurrence, he along with his brother Muhammad Janib alias Jan Muhammad and maternal uncle Jan Gohram went to Manjhi Pur for a domestic work, where they met with Eid Muhammad and Sher Muhammad, who asked them for mutation of a land, which was refuted by them. Thereafter , the said two persons on the motorcycle of his brother took his brother towards their house at about 2.00 p.m., but when his brother did not return, the complainant along with his relatives proceeded towards Goth Gada Ali, when at about 06.30 p.m. reached at Otaq of Eid Muhammad found his brother Jan Muhammad and Eid Muhammad exchanging harsh words and two unknown accused persons were also present over there. It is further averred that the accused Eid Muhammad was armed with a pistol, who on the signal/directions of an unknown person made firing upon his brother , due to which he fell down and died at the spot.
3. After usual investigation, challan was submitted in the trial Court i,e, learned trial Court i,e, Additional Sessions Judge, Dera Allah Yar. In the meantime, the applicant (accused) filed an application for grant of bail before the trial Court, but the same was rejected, vide order dated 10th April 2019. Whereafter , instant application has been filed.
4. Heard the learned counsel for parties and with their able assistance gone through the record. The perusal of record reveals that though the applicant (accused) was nominated in the FIR, but only his presence at the relevant time and place was shown, while no role has been ascribed to him by the complainant. Infact, the role of firing upon the deceased has been ascribed to main accused Eid Muhammad, whereas the role of directing the main accused Eid Muhammad to make firing upon the deceased was attributed to an unknown accused person. The only role of the applicant (accused) remains in the case is that he along with main accused Eid Muhammad took the deceased towards the Otaq of main accused Eid Muhammad, where the deceased was murdered. Hence, it is yet to be ascertained that whether the murder of the deceased was pre-planned and in order to practically accomplish such plan the deceased was taken to the place of occurrence or that the incident occurred at the spur of the moment without earlier planning or scheme, hence in order to determine all these facts, evidence is required to be taken in the matter , till then it is a case of further inquiry .
5. Besides, after conducting investigation in the matter , challan of the case has been submitted in the trial Court, the applicant (accused) has been remanded to judicial custody , while after taking cognizance the trial Court has commenced with the trial of the case.
6. Perusing the record tentatively , the counsel for the applicant (accused) has successfully made out a case for further inquiry , therefore, I am inclined to allow the instant application and grant bail to the applicant (accused) Sher Muhammad alias Shero son of Imam Bakhsh subject to furnishing surety in the sum of Rs,300,000/- (Rupees Three Hundred Thousand), with P.R. bonds of the like amount to the satisfaction of trial Court or Deputy Registrar of this Court.
The observations made hereinabove are tentative in nature and the same shall not influence the merits of the case.
Cited by 1 case
- Mumtaz Ali vs The State 2022 P Cr. L J 400