PIRAN DITTA Versus THE STATE
The petitioner sought post-arrest bail in case F.I.R. No.304 dated 28-7-2002 registered under section 302/34, Pakistan Penal Code at Police Station Saddar, Alipur, District Muzaffargarh, for the Qatl-e-Amd of the deceased Mst. Azeema Mai. The core legal question was whether the petitioner, whose only attributed role was making a Lalkara exhorting his co-accused brother to fire, shared a common intention requiring further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The court held that the question of sharing common intention was one to be determined at trial, making his case fall within the scope of further inquiry into his guilt. Consequently, the court accepted the petition and admitted the petitioner to post-arrest bail, establishing that where an accused is assigned only a Lalkara and the question of common intention requires further assessment, the case is covered under subsection (2) of section 497 of the Code of Criminal Procedure 1898.
- Whether an accused assigned only the role of making a Lalkara is entitled to post-arrest bail when common intention requires further inquiry at trial?
- Does a case where the primary role of firing is attributed to a co-accused fall under subsection (2) of section 497 of the Code of Criminal Procedure 1898 for the accused assigned an exhortation?
- Is an accused with no previous convictions and behind bars entitled to bail when the question of sharing common intention is to be determined by the trial court?
- Section 302/34, Pakistan Penal Code
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Piran Ditta, the petitioner has sought .for post-arrest bail in Case F.I.R. No.304, dated 28-7-2002 under section 302/34, P.P.C. registered with Police Station Saddar, Alipur, District Muzaffargarh.
2. Briefly the prosecution case as per F.I.R. is that on 28-7-2002 at about 9-00 p.m. Allah Ditta armed with .12 bore gun and Piran Ditta (petitioner) in furtherance of their common intention had committed the Qatl-e-Amd of Azeema Mai deceased. Piran Ditta had exhorted his brother Allah Ditta to fire at Mst. Azeema Mai. Allah Ditta then made straight fire on her hitting on her front side of the neck and mouth, who fell down and succumbed to her injuries at the spot.
3. The motive behind the occurrence is that the co-accused Allah Ditta had suspicion of illicit relations of her deceased wife Mst. Azeema Mai with one Allah Wasaya. On that account they had committed her Qatl-i-Amd.
4. It has been contended on his behalf that he has falsely been roped in due to enmity; that there is six hours delay in lodging the F.I.R. that he has not caused any injury to the deceased; that the only role attributed to him is of raising Lalkara; that the question of his showing common intention in the murder of the deceased is to be determined by the trial; and that he is behind the bars and previous non convict.
5. On the other hand, the learned counsel for the State has opposed the petition on the ground that he is named in the F.I.R. and that he has been assigned specific role in the commission of crime.
6. I have carefully considered the submission made by the learned counsel for the parties with the help of available record.
7. Allegedly he has exhorted his brother Allah Ditta to fire at the deceased and thereafter, the latter had fired at her and consequently she had died at the spot. No other role qua the deceased has been ascribed to him.
8. Hence, the question of his sharing common intention with his co-accused in the murder of deceased is to be gone into at the time of trial. His case, therefore, is covered under subsection (2) of section 497, Cr.P.C. requiring further inquiry into his guilt. He is behind the bars and stated to be previous non-convict.
9. In these circumstances, he is entitled to bail. The petition, therefore, is accepted and he is admitted to bail provided he furnishes bail bond in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned Sessions Judge, Muzaffargarh/Trial Court.
H.B.T./P-136/L Bail granted.