ABDULLAH alias DULLA AND ANOTHER vs THE STATE
The petitioners, along with six other persons, faced an inquiry before a Magistrate for offences under sections 302, 452, 148, and 149 of the Pakistan Penal Code 1860, following a registered case on 12th March 1974 involving multiple murders committed after raising a lalkara. The core legal question was whether the petitioners were entitled to post-arrest bail on the ground that fatal injuries were attributed only to specific co-accused, thereby purportedly lacking common intention. The Supreme Court of Pakistan held that the circumstances disclosed that all accused persons acted together, and the attribution of fatal injuries solely to certain co-accused was irrelevant at the inquiry stage for releasing the petitioners on bail, particularly when inquiry proceedings were still ongoing. The petition for bail was accordingly dismissed, establishing the principle that participation and common intention under Section 149 of the Pakistan Penal Code 1860 preclude bail at the pre-trial inquiry stage when the accused acted collectively in the commission of the offence.
- Whether an accused person can be granted bail merely because fatal injuries are attributed to co-accused during ongoing inquiry proceedings?
- Does acting in concert with others in the commission of multiple murders negate the grant of bail at the inquiry stage?
- Is the absence of direct attribution of fatal injuries sufficient to establish a case for further inquiry under criminal law?
- Section 302, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. ' SALAHUDDIN AHMED, J.-The two petitioners alongwith six other persons are facing inquiry before a Magistrate in respect of offences under section 302/452/148/149 of the Pakistan Penal Code registered on the 12th of March 1974. The allegations against them are that all of them in a body came armed with a pistol, a gun and dangs and raised lalkara that they had come to avenge the murder of one Jhalla and thereafter two of them Sukha and Bashir fired at and killed Jhalla. Then they went to another place where Allah Yar, son of Jhalla was present and there again after all of them had raised lalkara co-accused Bashir and Sukha shot and killed Allah Yar. All the accused including the two petitioners thereafter went to a third place where Hidayat another son of Jhalla was taking bath and there again the six accused persons including the two petitioners raised lalkara and co-accused Bashir and Sukha shot and killed Hidayat.
2. The circumstances disclosed so far show that all the accused persons acted together and the mere fact that the fatal injuries had been attributed to co-accused Bashir and Sukha only will not at this stage be of any relevance for the purpose of releasing the petitioners on bail on the ground that they did not share the common intention in the matter of killing the three deceased persons particularly when the inquiry proceeding is still continuing.
3. ' The petition is accordingly dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.