GULZAR alias JHARA vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, who was charged under Sections 302, 109, and 34 of the Pakistan Penal Code 1860, in connection with an FIR registered at Police Station Saddar Arifwala. The core legal question was whether the petitioner was entitled to bail given the nature of the allegations and the evidence collected during the investigation. The Court observed that the only allegation against the petitioner was a proverbial 'Lalkara' (incitement). Furthermore, the State counsel admitted that the investigation did not place the petitioner at the crime scene, no firearm was recovered from him, and no specific injury to the deceased was attributed to him. Consequently, the Court held that the petitioner's involvement and the sharing of common intention were matters requiring further inquiry at trial. The Court granted bail, establishing the principle that where the prosecution's investigation fails to establish presence at the scene or link the accused to the specific act, and where the role is limited to a mere Lalkara, the case warrants further inquiry, justifying the grant of bail.
- Is an accused entitled to bail when the only allegation against them is a Lalkara?
- Does the failure of the investigation to place an accused at the crime scene constitute grounds for further inquiry in bail proceedings?
- Can bail be granted when the prosecution fails to recover the alleged weapon of offense from the accused?
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Petitioner seeks post-arrest bail in case F.I.R. No,376 dated 8-9-2001 registered at Police Station Saddar Arifwala, District Pakpattan Sharif under sections 302/109 arid 34, P.P.C.
2. Allegation against the petitioner is that he alongwith his co-accused while variously armed with fire-arms in furtherance of their common intention committed the murder of Jamal Abdul Nasir.
3. Bail was declined to the petitioner by Additional Sessions Judge, Arifwala, District Pakpattan Sharif.
4. Bail petition is opposed by the State counsel. Arguments heard and record perused.
5. Only a proverbial Lalkara is attributed to the petitioner. The State counsel has admitted that according to the investigation presence of the accused at the spot was not found; fire-arm allegedly in possession of the petitioner at the time of occurrence was not recovered during the investigation; no injury to the deceased is attributed to him; the act of sharing common intention with the principal accused is to be determined during the trial hence for the reasons stated above, case of the petitioner is that of further inquiry. He is admitted to bail subject to furnishing bail bonds in the suns of Rs,1,0(;),000 (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the 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.