MUHAMMAD SIDDIQUE vs THE STATE
This matter arises from a post-arrest bail petition filed by Muhammad Siddique, who was arrested in connection with FIR No. 498 of 1999 registered under sections 324, 34, and 109 of the Pakistan Penal Code 1860 at Police Station Manga Mandi, District Lahore. The core legal question was whether the petitioner was entitled to bail given the specific role attributed to him in the crime. The Lahore High Court held that since the petitioner was armed with a mauser and allegedly resorted to ineffective firing with no overt act ascribed to him, his case fell within the purview of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898. Consequently, the court accepted the petition and granted post-arrest bail to the petitioner subject to furnishing surety bonds, laying down the principle that ineffective firing without an overt act makes a case one of further inquiry warranting the grant of bail.
- Is a petitioner entitled to post-arrest bail when alleged to have committed ineffective firing without any overt act?
- Does ineffective firing bring a case within the scope of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Muhammad Siddique, petitioner, aged about 20 years was arrested on the 27th of December, 1999, in pursuance of a case registered against him and others vide F.I.R. No,498 of 1999, dated the 23rd of November, 1999 under sections 324/34 and 109 of the Pakistan Penal Code, at Police Station Manga Mandi of District Lahore, regarding an occurrence which allegedly took place on 23rd of November, 1999 at 11-45 a.m. In the area of Lahore System of Cadet School, Village Mohlanwal, District Lahore, at a distance of 12 kilometers from the police station where the F.I.R. Was lodged on the same day at 3-15 p.m. By Mian Ghafoor, brother of Mian Farooq injured P. W .
2. According to the prosecution, the petitioner while armed with a mouser, resorted to ineffective firing. No overt act is ascribed to him making the case of the petitioner a matter of further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. Which entitles him to the grant of bail.
3. Resultantly, this petition is accepted and the petitioner is granted bail provided he furnishes a bail bond in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the trial Court.
Cited by 2 cases
- ZOOMA-UR-REHMAN and 2 others vs THE STATE 2002 YLR 1752
- MOAZZAM alias MAUJI vs THE STATE 2002 YLR 926