ZAHID MAQBOOL and others Versus THE STATE
This criminal petition concerns an application for post-arrest bail filed by the petitioners, who were implicated in a case registered under Sections 302, 148, 149, and 109 of the Pakistan Penal Code 1860. The core legal question before the Court was whether the petitioners were entitled to the concession of bail given the specific allegations and the findings of the investigating agency. The prosecution alleged that the petitioners were involved in the incident, but the specific role attributed to them was limited to ineffective firing. Furthermore, the investigating agency had declared the petitioners innocent, and no incriminating recoveries were effected from them. The Court, upon considering the arguments and the lack of an active role attributed to the petitioners, held that their case fell within the ambit of further inquiry. Consequently, the Court accepted the bail application, granting the petitioners bail subject to the furnishing of security bonds. The key principle laid down is that where an accused is attributed only an ineffective role and is declared innocent by the investigating agency, the case warrants further inquiry, justifying the grant of bail.
- Does the attribution of only ineffective firing in a murder case entitle an accused to further inquiry for the purpose of bail?
- Is the declaration of innocence by the investigating agency a relevant factor in determining bail entitlement?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
RIAZ KAYANI, J.---Petitioners seek bail in case F.I.R. No,226 of 1996 registered with Police Station, Saddar Sangla Hill, District, Sheikhupura, on 27-10-1996 under sections 302/148/149 read with section 109. P.P.C.
2.The allegations contained in the F.I.R. Lodged at the instance of Muhammad Rafique, are that Muhammad Aslam armed with 224 bore alongwith Tariq armed with 222 rifle accosted the deceased Muhammad Jameel whereupon Tariq opened fire and hit Muhammad Jameel on his head who fell down and succumbed to his injuries. The role attributed to the petitioners is of ineffective firing.
3.Learned counsel for the petitioners contended that Investigating Agencies have declared the petitioner innocent. No recovery was effected from them. Learned State counsel does not controvert this fact.
4.We have considered the arguments of both the parties. Since no active role has been attributed to the petitioner except ineffective firing we feel the case falls within the ambit of further inquiry.
Resultantly, their bail application is accepted and they are enlarged on bail provided they furnish security in the sum of Rs,20,000 each with one surety each in the like amount to the satisfaction of trial Court. 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.