ANWAAR vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, Anwaar, in connection with F.I.R. No. 142 registered at Police Station Saddar Chiniot, District Jhang, for offences under sections 324/34 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, who was alleged only to have raised a 'Lalkara' (incitement) and caused no physical injury, was entitled to bail pending trial, particularly given that the investigating officer had declared him innocent. The Lahore High Court held that the case against the petitioner warranted further inquiry into his guilt under section 497(2) of the Code of Criminal Procedure 1898. Consequently, the court allowed the petition and admitted the petitioner to bail. The key principle laid down is that where the role attributed to an accused is limited to raising a 'Lalkara' without causing injury, and where the investigating officer has found the accused innocent, the case falls within the scope of 'further inquiry,' thereby entitling the accused to the concession of bail under the Code of Criminal Procedure 1898.
- Does the role of merely raising a 'Lalkara' without causing physical injury constitute sufficient grounds for further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Can an accused be granted bail if the investigating officer has found them to be innocent during the investigation?
- Is an accused entitled to bail when the question of vicarious liability and common intention requires determination at trial?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' Through this petition Anwaar petitioner has sought post-arrest bail in case F.I.R. No,142 registered at Police Station Saddar Chiniot, District, Jhang on 1-4-2001 for an offence under sections 324/34, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. In this case had been lodged with a delay of one day and the allegation levelled against the petitioner in the said F.I.R. Was that of raising joint Lalkara with his co-accused.
2. Admittedly the petitioner had not caused any injury to any person during the incident in question.
3. The last Investigating Officer had found the petitioner to be innocent. In these circumstances the question, as to whether the petitioner shared a common intention with his co-accused as also the question whether the petitioner is vicariously liable for the offence allegedly committed by his co- accused are questions which shall be determined by the learned trial Court at the time of the trial.
4. At this stage the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned 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.