MUHAMMAD SIDDIQUE vs THE STATE
This matter arises from a petition for post-arrest bail filed by Muhammad Siddique, who was accused alongside others in a criminal case registered under sections 302, 148, 149, 109, 365, and 364 of the Pakistan Penal Code 1860. The core legal question concerns whether the petitioner was vicariously liable for the murder or had abetted the offence, given that subsequent police investigation attributed the actual murder to four specific co-accused rather than the petitioner. The Lahore High Court held that the petitioner's alleged vicarious liability or abetment presented a question open to further inquiry under section 497(2) of the Code of Criminal Procedure 1898. Consequently, the court admitted the petitioner to post-arrest bail upon furnishing appropriate surety bonds, laying down the principle that where investigation points specific acts to certain accused and leaves another's liability debatable, further inquiry warrants the grant of bail.
- Whether an accused is entitled to bail when the subsequent investigation attributes the actual murder to specific co-accused rather than the petitioner?
- Is the question of vicarious liability and abetment considered a matter of further inquiry under criminal jurisprudence?
- Can bail be granted when the police investigation finds no direct responsibility of the petitioner for the commission of the murder?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 365, Pakistan Penal Code 1860
- Section 364, Pakistan Penal Code 1860
ORDER
1. ' The petitioner is accused of an offence under sections 302/148/149 read with section 109, P.P.C.
2. Earlier the case was registered under section 365, P.P.C. And section 364 was added. According to learned counsel, there is no evidence against the petitioner. However, as per investigation, 17 accused persons including the petitioner took deceased Iftikhar alias Tari alongwith them.
3. Subsequently on the basis of the evidence collected during the investigation, it was found that four accused-persons, namely, Ata Muhammad, Maajid, Latif and Liaqat committed murder of deceased Iftikhar alias Tari. The statement of the deceased's father is also to the same effect. As according to the investigation, the petitioner is not responsible for commission of murder and four specific persons have been found to be concerned with the murder, therefore, the allegation that the petitioner is vicariously liable for the. Murder committed or he has absetted the commission of offence in any manner is a question which is open to further inquiry. He is, therefore, admitted to bail on his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.