ABDULLAH alias MALLI vs THE STATE
This is a criminal miscellaneous application filed before the Lahore High Court seeking post-arrest bail in a case registered under sections 302, 364, and 34 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioner, along with co-accused, accompanied the main accused who took the deceased away under the guise of resolving a family dispute, stemming from a matrimonial exchange dispute and resistance to a marriage proposal. The core legal question concerns whether the petitioner, who was merely alleged to have accompanied the main culprit in an unseen murder with no recovery effected from him, is entitled to post-arrest bail. The Court held that since the dead body was recovered at the pointation of other co-accused, motive was attributed to the main co-accused, and the petitioner's role was limited to being seen in the company of the deceased and co-accused, the petitioner made out a case for further inquiry. The Court accordingly admitted the petitioner to post-arrest bail subject to furnishing bail bonds.
- Whether an accused person merely seen in the company of the deceased and the main culprit is entitled to post-arrest bail when no recovery is attributed to him?
- Does the absence of motive attributed directly to an auxiliary accused warrant the grant of bail in a murder case?
- Can bail be granted where the murder is unseen and the dead body is recovered at the pointation of other co-accused rather than the petitioner?
- Section 302, Pakistan Penal Code 1860
- Section 364, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' Petitioner through this application has sought post-arrest bail in a case registered vide F.I.R. No,211 of 1997 under section 302/364/34, P.P.C. At Police Station Kabeer, District Sahiwal on 28-8-1997.
2. ' It is the case of the prosecution that the co-accused Shehbaz took Mst. Sakina Bibi mother of the complainant in a clandestine manner by telling that her services were required to resolve a family dispute. On the same day the complainant was informed by Mithu and Manzoor Hussain P. Ws.
3. That her mother was seen in the company of aforesaid Shehbaz and Shaukat alongwith present petitioner. Subsequently, it came to notice that there was no family dispute and the complainant's mother was taken by Shehbaz co-accused for some ulterior motive.
4. ' The motive behind this occurrence was that sister of Shehbaz was married to the complainant and latter's sister Maryam was married to the maternal-uncle of Shehbaz in exchange. Said Maryam was abducted and hence Shahbaz insisted that the complainant be given the hand of his younger daughter to him. Mst. Sakina resisted this proposal.
5. ' Bail is sought on the ground that petitioner has been implicated in a mitt fide manner simply on the allegation that they accompanied main culprit i,e, their co-accused Shehbaz. No recovery whatsoever has been effected from them and they are in jail for the last about 8 months.
6. ' Learned State Counsel has simply stated that petitioner was last seen with the deceased Mst.
7. Sakina by the witnesses.
8. I have considered the contentions. I have noticed that the dead body of the deceased Mst. Sakina was recovered at the pointation of Shehbaz and Shaukat co-accused. It was an unseen murder.
9. The motive in this case is mainly attributed to Shehbaz co-accused. They have simply been implicated for the reason that they were seen by the witnesses with the deceased alongwith co- accused Shehbaz to whom motive has been attributed. In these circumstances keeping in view the role of the petitioner, I admit him to bail provided he furnishes bail bond in the sum of Rs,2 lacs with two sureties each in the like amount to the satisfaction of Judicial Magistrate.
Cited by 3 cases
- ISRAR AHMED vs The STATE 2018 MLD 1142
- QAMAR ABBAS SHAH vs THE STATE 2012 YLR 2663
- HABIB-UR-REHMAN alias BABRU vs Mst. NOOR NAMA and another 2008 YLR 2421