Abu Bakar Siddique alias Muhammad Abu Bakr vs The State and others
This criminal petition, converted into an appeal, challenges the order of the Lahore High Court refusing post-arrest bail to the appellant in a case registered under sections 302, 324, 109, 148, 149, 337-F(i), 337-F(iii), and 337-F(iv) of the Pakistan Penal Code 1860 at Police Station Mandi Usman wala, District Kasur. The core legal question was whether the petitioner was entitled to post-arrest bail considering the specific role attributed to him and the principle of consistency vis-a-vis a co-accused. The Supreme Court of Pakistan observed that there was no allegation against the petitioner of causing injury to the deceased, and police investigation concluded that he only made aerial firing at the spot. Furthermore, a co-accused attributed a similar firearm injury had already been granted bail by the trial court. The Court held that the case against the appellant falls within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. Consequently, the appeal was allowed and bail was granted to the appellant.
- Does a case fall within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 when the accused is only alleged to have committed aerial firing without causing injury to the deceased?
- Whether post-arrest bail should be granted to an accused when a co-accused attributed a similar injury has already been granted bail?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 337-F(iv), Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
MANZOOR AHMAD MALIK, J.---Impugned herein is the order dated 24.11.2020, whereby bail was refused to the petitioner by the learned Lahore High Court, Lahore in case MR No. 116 dated 04.07.2019, offence under sections 302, 324, 109, 148, 149, 337-F(i), 337-F(iii), 337-F(iv), P .P.C. registered at P .S. Mandi Usman wala, District Kasur .
2. After hearing the learned counsel for the petitioner and learned Additional Prosecutor General at length and perusal of available record with their assistance, it has been observed by us that there is no allegation against the petitioner of causing injury on the person of deceased and he is alleged to have caused a firearm injury on the left thigh of injured Abid Ali. Learned Additional Prosecutor General under instructions of the police officer present with record has stated that during the course of investigation, it was concluded by the police that though petitioner was present at the spot but he only made aerial firing. He further confirms under instructions that co-accused of petitioner Shaukat Ali who was attributed firearm injury on the right thigh of injured Abid Ali was allowed bail by the learned trial court. In the circumstances, case against the petitioner calls for further enquiry falling within the ambit of section 497(2), Code of Criminal Procedure.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed.
Appellant Abu Bakar Siddique @ Muhammad Abu Bakr is allowed bail (in the insta nt FIR) subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand) with one surety in the like amount, to the satisfaction of the trial court.
Cited by 4 cases
- Muhammad Afzal Versus State 2025 YLR 2239
- Ghulamuddin vs The State 2024 SHC 1072
- Abd-us-Samad vs The State, Hameed Gul 2022 PHC 662
- Ali Bukhsh and another vs The State 2024 PCRLJ 1305