MUHAMMAD HUSSAIN vs THE STATE
This matter arises from a petition seeking leave to appeal against the dismissal of the petitioner's post-arrest bail application by the Lahore High Court in a case registered under Section 302/34 of the Pakistan Penal Code 1860. The core legal question concerns whether bail should be granted to an accused charged with instigation (Lalkara) who was declared innocent during successive police investigations. The Supreme Court of Pakistan held that where an accused is found innocent by two police officers during intensive investigations, the case falls within the scope of further inquiry under subsection (2) of Section 497 of the Code of Criminal Procedure 1898, warranting the grant of bail. The key principle laid down is that concurrent findings of innocence by investigating police officers create a reasonable ground for further inquiry, making out a fit case for post-arrest bail.
- Whether an accused charged with instigation and found innocent in successive police investigations is entitled to post-arrest bail?
- Does a finding of innocence by police officers constitute a case of further inquiry under Section 497 of the Code of Criminal Procedure 1898?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' RAJA AFRASIAB KHAN, J.---On 3rd of June 1994 at 9-30 a.m., a case under section 302/34, P.P.C.
2. Was registered on the statement of Muhammad Tufail against Muhammad Hussain petitioner and Khadim Hussain with Police Station Saddar, Gujranwala. The petitioner was alleged to have instigated his co-accused Khadiin Hussain to kill Muhammad Akram. In compliance, Khadim Hussain fired and murdered Muhammad Akram. On 5-6-1995, a learned Additional Sessions Judge, Gujranwala dismissed the bail petition of the petitioner. A learned Judge in the Lahore High Court also dismissed his bail application vide order dated 23rd of July 1995. This petition seeking leave to appeal has been instituted. Learned counsel submits that the petitioner did not physically participate in the incident. The application has been opposed by the learned State Counsel.
3. We have heard the learned counsel and have read the record with their assistance. The allegation against the petitioner is only that of Lalkara. He was found innocent by the D.S.P. Of the area in an intensive investigation. Likewise, the petitioner was found innocent by the Superintendent of Police in the second round of investigation. The fact that the petitioner was found innocent by two Police Officers would make it a case one of further inquiry. This petition is, therefore, converted into appeal and allowed. The petitioner is, accordingly, admitted to bail in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of A.C./Ilaqa Magistrate, Gujranwala. 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.
Cited by 1 case
- HAJI HUSSAIN Versus STATE 1997 MLD 3072