MUHAMMAD ASGHAR vs THE STATE
This petition was directed against an order of the Lahore High Court which denied post-arrest bail to the petitioner in a case registered under Sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioner drove the car used by the co-accused to reach the spot and commit the murder of three persons and injure four others. The petitioner sought bail on the grounds of being declared innocent in successive investigations, being placed in Column No. 2 of the challan, and suffering from multiple medical ailments at the age of 65. The Supreme Court of Pakistan observed that the petitioner had been declared innocent during multiple investigations, was placed in Column No. 2 of the challan, had only the allegation of driving the vehicle, and had been in jail for approximately 14 months. Consequently, the Supreme Court held that a case for post-arrest bail was made out and admitted the petitioner to bail subject to furnishing bail bonds.
- Whether an accused placed in Column No. 2 of the challan after being declared innocent in successive investigations is entitled to the concession of post-arrest bail?
- Can the mere allegation of driving the co-accused to the crime scene, coupled with a finding of innocence in police investigations, justify the grant of post-arrest bail in a murder case?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' TANVIR AHMED KHAN, J.---This petition is directed against the order dated 2-8-2001 passed by a learned Division Bench of the Lahore High Court, Lahore, in Criminal Miscellaneous No,4154-B of 2001 whereby post-arrest bail to the petitioner was denied.
2. The facts briefly stated for the disposal of this petition are that F.I.R. No,682 of 2000 was got registered at Police Station Saddar, Gujrat, on 22-11-2000 under sections, 302/324/148/149, P.P.C.
Against the petitioners and others. It was alleged that the petitioner was driving a without number car and his co-accused armed with lethal weapons waylaid the complainant side committed Qatl-e-Amd of three persons and injured four passersby.
3. Bail is sought by the petitioner on the ground that in all nine persons were implicated in the present occurrence and out of them, two have been set at large in view of a compromise effected by them with the complainant side. The petitioner in successive investigations has been found to be innocent and in the challan he has been placed in Column No,2. It has been further stated that the petitioner is 65 years of age and he is suffering from osteoarthritis of both knee-joints, cholelelithiasis and U.T.I. (urinary tract infection).
4. Learned counsel for the complainant and learned Law Officer opposed the grant of bail. We have considered the contentions and have gone through the documents appended with this petition. It is not denied that the petitioner after successive investigations has been declared innocent and is placed in Column No,2 of the challan. The only allegation against him was that he drove the car through which the accused party reached the spot and opened murderous attack. It is also admitted that the petitioner is in Jail for the last about 14 months.
5. Keeping stock of all the aforestated facts into consideration, we are of the view that case of the post-arrest bail is made out. Accordingly we admit him to bail provided he furnishes bail bonds in the sum of Rs,1,00,000 each with two sureties in the like amount to the satisfaction of the learned trial Court.
Cited by 2 cases
- ASHIQ HUSSAIN Versus State 2007 YLR 1911
- AMIR ZAMAN Versus State 2020 YLRN 17