Khair Ullah vs State and another
This matter comes before the Lahore High Court through a post-arrest bail petition filed by Khair Ullah in respect of FIR No. 104 dated 05.04.2020 registered under Sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860, with subsequent additions. The core legal question concerns whether the petitioner made out a case for further inquiry and post-arrest bail, particularly considering the role attributed to him, the nature of injuries sustained by the injured persons, and the principle of consistency. The Court held that the petitioner did not cause any injury to the deceased, the injuries sustained by the injured witnesses were simple with discrepancies regarding the weapon, and co-accused facing similar allegations had already been admitted to bail. Consequently, the Court allowed the petition, admitting the petitioner to post-arrest bail under Section 497(2) of the Code of Criminal Procedure 1898. The key principle laid down is that where tentative assessment reveals a case for further inquiry and co-accused with similar roles have been granted bail, the rule of consistency entitles the petitioner to the same relief.
- Whether an accused is entitled to post-arrest bail on the rule of consistency when co-accused with similar roles have already been granted bail?
- Does a case fall within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 when no fatal injury is attributed to the petitioner and injuries sustained by the injured witnesses are simple?
- Can the question of vicarious liability under Sections 149 and 34 of the Pakistan Penal Code 1860 be properly determined at the bail stage without recording evidence?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Khair Ullah, petitioner seeks post arrest bail in case FIR No. 104 dated 05.04.2020 offence under Sections 302, 324 148 and 149, PPC (Sections 337-F(ii), 337-A(i), 337-A(ii), 337-L(2), 109 and 34, PPC were added later on) registered at Police Station Piplan District Mianwali.
2. Precisely the prosecution story , as set out in the FIR, is that the petitioner along with his co-accused while armed with their respective weapons committed the murder of Muhammad Sharif (deceased) and launched murderous assault on Muhammad Munir , Bilal, Ghulam Muhammad, Muhammad Rafique and Ijaz Hussain (injured).
3. Heard. Record perused.
4. This is a post arrest bail petition and only tentative assessment of the evidenc e/material produced before the Court can be made at this stage. In the FIR, the role assigned to the petitioner is that he made a fire with .12 bore pistol and its pellets hit Bilal, Ghulam Muhammad, Muhammad Rafique and Ijaz Hussain (injured). No specific locale/seat of injuries of the injured persons was mentioned by the complainant in the FIR. According to the MLRs of Muhammad Bilal and Ghulam Muham mad (injured), they sustained abrasions only and the kind of weapon mentioned in the MLR of Ghulam Muhammad (injured) is "blunt". As apprised by the learned Law Officer under instructions and after perusal of record, the petitioner did not cause any injury on the person of Muhammad Sharif (deceased) and that allegation was confined to the extent of Mian Hamid, co-accused. The question whether the petitioner is vicariously liable for the acts of his co-accused or not will certainly be determined by the learned trial Court after recording of evidence of the parties. Muhammad Bilal, Muhammad Nasir and Nasrullah, co-accused of the petitioner have been allowed post arrest bail by this Court vide order dated 07.08.2020 passed in Crl. Misc. No. 32600-B/2020 and the petitioner is entitled to the same relief on the principle of rule of consistency . The petitioner is behind the bars since 23.04.2020 and no more required for the purpose of investigation. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period.
5. Considering all these circumstances, case of the petitioner calls for further inquiry within the ambit of sub-section
(2) of Section 497, Code of Criminal Procedure. This petition is, therefore, allowed and the petitioner is 'admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfactio n of learned trial Court. Before parting with this order , it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial Court in any manner , whatsoever .