MUHAMMAD SHAFI Versus State Altaf Ibrahim Qureshi
This criminal petition arises from an application for post-arrest bail filed by the petitioner, Muhammad Shafi, who was implicated in a case registered under sections 302, 324, 109, and 34 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioner, as a member of an unlawful assembly, raised a 'Lalkara' (incitement), which led his co-accused to fire weapons, resulting in one death and injuries to another person. The core legal question was whether the petitioner, who was attributed only with raising a 'Lalkara' and was found innocent during the police investigation regarding his presence at the scene, was entitled to bail. The Court held that since the petitioner was empty-handed, had been declared innocent during the investigation, and the trial had not progressed significantly, his continued detention was unnecessary. Consequently, the Court granted post-arrest bail, determining that the petitioner's case fell within the ambit of further inquiry. The key principle laid down is that where an accused is attributed only with a 'Lalkara' and investigation findings suggest innocence regarding presence at the scene, a case for further inquiry is established, warranting the grant of bail.
- Is an accused attributed only with a 'Lalkara' entitled to post-arrest bail?
- Does a finding of innocence during police investigation constitute grounds for further inquiry in bail matters?
- Can the lack of progress in a trial be a factor in granting post-arrest bail?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
SH AZMAT SAEED, J.--- Criminal Miscellaneous No.1782-B of 2007 seeking post-arrest bail on behalf of petitioner Muhammad Shafi arises from case F.I.R. No.146, dated 29-4-2007 registered with Police Station Khangarh District Muzafargarh for offences under sections 302/324/109/34, P.P.C.
2. It is the case of the prosecution that petitioner being one of the members of the unlawful assembly raised Lalkara whereupon his co-accused fired from their respective weapons resulting in the death of complainant's son and injuries to Abdul Razaq inured.
3. Arguments advanced by the learned counsel for the petitioner, State and the complainant heard. Record perused.
4. Petitioner is only attributed proverbial Lalkara with no attribution of any overt act whatsoever either to deceased or the injured. Admittedly, he is the father of co-accused Mushtaq Ahmed and Ghulam Mustafa. He was stated to be empty-handed and during the investigation was found not present at the time and place of occurrence and thus found innocent. He is behind the bars since his arrest and there is no progress in the trial which is yet to conclude and I am of considered view that his continuous detention would be inconsequential. In my view petitioner's case squarely falls within the ambit of further inquiry, hence, I direct that petitioner shall be released on bail provided he furnishes security in the sum of Rs.200,000 with two sureties each in the like amount to the satisfaction of the trial Court.
H.B.T./M-531/L Bail granted.