MUHAMMAD NAEEM alias NAEEMOO vs THE STATE
This matter concerns a post-arrest bail application filed by the petitioner, Muhammad Naeem, who was accused in a murder case registered under Section 302/34 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioner held the deceased, Imran, by his arms while co-accused inflicted fatal dagger blows. The petitioner contended that he was declared innocent in successive police investigations and did not inflict any injury on the deceased, arguing that his alleged role did not constitute facilitation of the offense. The Court observed that the petitioner admittedly caused no injury to the deceased and that his vicarious liability remained a matter for the trial court to determine after the recording of evidence. Consequently, the Court held that the petitioner's case fell within the scope of further inquiry under the bail provisions. The Court granted bail to the petitioner, subject to the furnishing of bail bonds, establishing the principle that where an accused's specific role and vicarious liability require evidentiary determination at trial, the case warrants further inquiry for the purpose of bail.
- Does the mere act of holding a victim while co-accused inflict fatal injuries necessitate the denial of bail when the accused has been declared innocent in police investigations?
- Is the determination of vicarious liability under Section 34 of the Pakistan Penal Code 1860 a ground for granting bail on the basis of further inquiry?
- Can bail be granted where the accused is alleged to have facilitated a murder but did not personally inflict any injury?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Muhammad Naeem is one of the accused in case F.I.R. No,99 of 1997 dated 19-3-1997, under section 302/34, P.P.C., registered at Police Station Garjakh, District Gujranwala. According to the complainant he was proceeding to the house of Nadeem Abbas etc. When Muhammad Younas, Muhammad Afzal and Muhammad Naeem launched attack on then Muhammad Naeem caught Imran by his arms and also shouted that whoever came near would be done to death and thereafter Muhammad Younas gave a blow with dagger to right lumber region of Imran.
Muhammad Afzal and Muhammad Younas again gave blows on various parts of the body of Imran. Imran subsequently died in the Hospital.
2. Petitioner was arrested and has applied for grant of bail to him.
3. It has been contended on behalf of the petitioner that he was declared innocent in successive investigations and even otherwise had not caused any injury to the deceased and the only allegation against him was that he had caught hold of Imran by his arms, where after the co- accused gave dagger blows to him and that the role played by the petitioner was not that of facilitating the commission of offences. Learned counsel for the State has opposed the grant of bail to the petitioner.
4. Admittedly, the petitioner has not caused any injury to the deceased and his vicarious liability, if any, would be determined by the trial Court after evidence is led at trial. For the present the case of the petitioner is considered to be that of further inquiry.
5. The petitioner is allowed bail in case F.I.R. No, 99 of 1997, dated 19-3-1997 under section 302/34, P.P.C. Registered at Nice Station Garjakh, subject to furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with two sureties in the like amount to the satisfaction of trial Court.