BARKAT ULLAH KHAN vs THE STATE
This matter comes before the Lahore High Court through a criminal bail petition filed by Barkat Ullah Khan against the State. The core legal question concerns whether the petitioner, to whom only a proverbial Lalkara was attributed in the first information report and who is no longer required for further investigation, is entitled to post-arrest bail. The court held that since the petitioner was only attributed a Lalkara and was no longer needed for police investigation, his case fell within the scope of further inquiry, warranting the grant of bail. The court consequently accepted the petition and allowed the petitioner post-arrest bail subject to furnishing appropriate surety bonds. The key principle laid down is that an accused person attributed only with a Lalkara who is not required for further investigation may be admitted to bail pending trial.
- Whether an accused person attributed only with a Lalkara is entitled to post-arrest bail when no longer required for further investigation?
- Does a case where only a proverbial Lalkara is attributed fall under subsection (2) of section 497 of the Code of Criminal Procedure 1898 for the purpose of further inquiry?
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Learned counsel for the petitioner submits that only proverbial Lalkara is attributed to the present petitioner, that he has been sent to judicial lock-up, no more required by the police for further investigation and that his case is of further inquiry falling under subsection (2) of section 497,Cr.P.C.
2. On the other hand, learned counsel for the State assisted by learned counsel for the, complainant submits that though according to the F.I.R. Petitioner was attributed to "Lalkara" but his co-accused has been found innocent by the police on oath which was accepted by both the parties and according to defence, he had caused an injury.
3. I have heard learned counsel for the parties. In the instant case, according to the F.I.R., only "Lalkara" is attributed to the present petitioner, he has been sent to judicial lock-up, no more required by the police for further investigation, therefore, this petition is accepted. Petitioner is allowed bail subject to furnishing bail bonds to the tune of Rs,20,000 (Rupees twenty thousand) with one surety in the like-amount to the satisfaction of learned trial Court.