MAHMOODUL HASSAN vs THE STATE
This is an application for post-arrest bail filed on behalf of Mahmood-ul-Hassan, who was implicated along with others in a case registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860. The core legal question concerns whether the petitioner is entitled to bail after arrest when he was found innocent during multiple police investigations, no specific injury was attributed to him, and no motive was ascribed to him for the alleged murder. The Lahore High Court held that the case warranted further probe and inquiry, noting that the prosecution version was found false during investigations and that another individual was under investigation by the Crimes Branch for a strong motive to commit the crime. Consequently, the court enlarged the petitioner on bail, establishing the principle that where an accused is declared innocent during police investigations and lacks motive or attributed injury, the case becomes one of further inquiry under section 497(2) of the Code of Criminal Procedure 1898, justifying the grant of bail.
- Is an accused entitled to post-arrest bail when found innocent during multiple police investigations?
- Does the absence of an attributed injury and motive warrant the grant of bail for further inquiry?
- When can a court consider a criminal case as a fit case for further probe under bail proceedings?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' This is an application for bail after arrest moved on behalf of Mahmood-ullassan who is involved in a is under sections 302/148/149 P.P.C. Along with four others registered at Police Station Dunyanpur District Lodhran on 23 2001 vide F.I.R. No,170 of 2001.
2. The occurrence took place on 23-7-2001 at about 3 a.m. Muhammad Akbar deceased, real brother of Muhammad Hayat complainant was allegedly murdered in front of his shop by Master Fayyaz Ahmad, Riaz Ahmad Mehmood-ul-Hassan (petitioner) and one Javed Muhammad, Akbar, deceased was sleeping in front of his shop in Chak No, 291/W.B. When he was dragged by the accused and taken towards the bazar. Fayyaz Ahmad pressed the nose of Muhammad Akbar with a Plas while Muhammad Riaz put his hand on his mouth. The legs of Muhammad Akbar were caught hold of by Javed and Muhammad Shoab accused. The allegation against Mehmood-ul- Hassan petitioner is that he caught hold of Muhammad Akbar deceased by his hands. The motive for the offence has been ascribed to Master Fayyaz Ahmad who had complained about some defects in the Donkey Pump which he got fitted in the school by the deceased. Master Fayyaz Ahmad had threatened .To teach a lesson to Muhammad Akbar, deceased. The bail application has been pressed by the learned counsel for the petitioner inter alia on the ground that the petitioner has been found innocent during the investigation so far carried out by the three different police officers; that neither any injury nor any motive has been ascribed to the petitioner.
3. I have considered the arguments perused the record. Certainly no injury has been attributed to the petitioner nor has he any motive to participate in the occurrence. The prosecution version was found to be false during the investigations. At present the investigation is being carried out by Crimes Branch against Abdul Sattar P.W who according to the police has a strong motive to kill the deceased.
4. In view of the above I consider it a fit case for further probe and inquiry and enlarge the petitioner on bail subject to furnishing bail bond in the sum of Rs, 50,000 (rupees fifty thousand) with one surety in the like amount to the satisfaction of Ilaqa/Duty Magistrate, Lodhran