Rukhsana Muzammil vs State etc
The petitioner sought pre-arrest bail in a case registered under Section 302 of the Pakistan Penal Code 1860, arising from an FIR for Qatl-i-Amd with an unexplained delay, where the petitioner was not named in the initial report but later nominated through a supplementary statement with an allegation of raising a lalkara. The core legal question was whether the petitioner was entitled to pre-arrest bail given her role, lack of injuries attributed to her, and the principle of consistency with co-accused. The Lahore High Court held that since the petitioner was empty-handed, caused no injuries, was similarly situated to another co-accused granted bail, and the imputation of a lalkara required further inquiry, the ad-interim pre-arrest bail should be confirmed. The key principle laid down is that liberty is a valuable constitutional right and bail cannot be refused solely due to involvement in a heinous offence when malafide and role attribution warrant relief.
- Whether an accused nominated through a supplementary statement with the allegation of raising a lalkara is entitled to pre-arrest bail?
- Can bail be refused solely on the ground of the accused's involvement in a heinous offence?
- Whether the rule of consistency applies when a co-accused with a similar role has been granted pre-arrest bail?
- Section 302, Pakistan Penal Code 1860
ORDER
Rukhsana Muzammil, petitioner seeks pre-arrest bail in case registered vide FIR No. 554 dated 21.10.2019 at Police Station Housing Colony , District Sheikhupura for of fence under Section 302 PPC.
2. The complainant reported Qatl-i-Amd of his real brother , namely , Muhammad Usman, the deceased against unknown accused. Later on, the petitione r was nominated through supplementary statement with the allegation of raising lalkara .
3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the FIR was registered with unexplained delay of three hours. The petitioner is not nominated in the crime report. Her name find mentioned in the supplementary statement of the complainant recorded on the same day. The petitioner admittedly had. neither caused any injury to the deceased nor attempted to do so, rather the complainant saddled the co- accused namely , Sumeer Sohail with responsibility of causing sole fatal shot to the deceased. Admittedly , the petitioner , was empty handed and no recovery is to be effected from her. The co-accused, namely Arsalan with somewhat similar role has been admitted to pre-arrest bail which is still intact. The apex Court in the case of "Mst.
Zakia Moazzam versus The State " confirmed pre-arrest bail of an accused who had been imputed the proverbial lalkara . Reliance in this context can also be placed on "Rizwan Ahmad and 5 others Versus The State and another" (2012 PCr.LJ 73) and "Mst. Suqhran Bibi versus The State and another" (2019 PCr.LJ 1297). The investigating agency found connection of the petitioner with this occurrence on the basis of the call data, the record divulged which cannot be appreciated at this stage and would be adjudged by the learned trial Court after recording evidence at trial. Even otherwise, it is difficult to prove the element of mala fide by the accused through positive/solid evidence/material and the same is to be deduced and inferred from the facts and circumstances of the case. Mala fide was asserted in the petition and there was no allegation of misuse of ad-interim pre-arrest bail.
It is settled by now that liberty of a person is valuable right guaranteed under the constitution and one cannot be refuted the premium of bail only on the ground of involvement in a heinous offence. Such aspect was sufficient to lean in favour of the accused for grant of pre-arrest bail.
4. For the foregoing reasons, the application is allowed and the ad-interim pre-arrest bail earlier granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 1,00,000/-with one surety in the like amount to the satisfaction of learned trial Court/Duty Judge.