Pakistan Case Law
1993 SCMR 1992

AMANAT ALI vs THE STATE

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Citation1993 SCMR 1992
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 203/L of 1993
Date1993-06-08
Judge(s)Shafiur Rahman, Muhammad Afzal Lone and Manzoor Hussain Sial
ResultBail allowed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against the High Court's order refusing post-arrest bail to the petitioner, Amanat Ali, who was charged alongside five others in a criminal case involving murder and causing hurt. The core legal question before the Supreme Court was whether the petitioner was entitled to bail given the specific allegations leveled against him in the First Information Report. Upon examination of the record, the Supreme Court observed that the only allegation attributed to the petitioner in the First Information Report was that of raising a 'Lalkara' (incitement). Finding this insufficient to warrant continued incarceration at the pre-trial stage, the Court converted the petition into an appeal and granted bail to the petitioner. The judgment reinforces the principle that where the role attributed to an accused in a criminal case is limited to mere incitement or 'Lalkara' without direct participation in the overt act of violence, the accused is generally entitled to the concession of bail pending trial.

Questions settled in this judgment
  • Is an accused person entitled to bail when the only allegation in the First Information Report is the raising of a 'Lalkara'?
  • Does the mere attribution of incitement without direct participation in the overt act justify the refusal of bail in a murder case?
Laws & provisions referred
  • Section 302, Pakistan Penal Code 1860
  • Section 324, Pakistan Penal Code 1860
  • Section 337, Pakistan Penal Code 1860
  • Section 148, Pakistan Penal Code 1860
  • Section 149, Pakistan Penal Code 1860
post-arrest bailLalkaracriminal liabilitymurdervicarious liabilityconcession of bail

ORDER

' MUHAMMAD AFZAL LONE, J.---Leave to appeal is sought from the High Court's order dated 21-3- 1993, refusing bail to Amanat All petitioner, against whom alongwith 5 others a case has been registered under sections 302, P.P.C., 324/337 ADF, Qisas and Diyat Ordinance read with section 148/149, P.P.C., for committing the murder of Nawaz; attempting to commit "Qatl-e-Amd" and causing hurt to the P.Ws.

2. We have heard the learned counsel and examined the record. According to the averments made in the F.I.R. Only a Lalkara has been A attributed to the petitioner. We convert this petition into appeal and consider it a fit case for grant of bail. He is enlarged on bail provided he furnishes a bail bond in the sum of Rs,25,000 with two sureties each in the alike amount to the satisfaction of A.C., Nankana Saheb, District Sheikhupua.

Cited by 6 cases

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