MUHAMMAD YOUNUS and anothers vs THE STATE
This matter arises from a criminal petition seeking post-arrest bail for petitioners Muhammad Younis and Ghulam Haider, alongside co-accused Bashir Ahmad Bojrhi, in connection with FIR No. 324 of 2000 registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Fazilpur, District Rajanpur. The core legal question concerns whether the petitioners are entitled to bail pending trial given that no specific role of firing was attributed to them, they were declared innocent in two successive police investigations, and they had been incarcerated for a prolonged period without the trial commencing. The Lahore High Court dismissed the petition as not pressed regarding the first petitioner, but allowed bail for the remaining two petitioners. The court held that where no direct firing is attributed, the accused are declared innocent in multiple investigations, and prolonged detention is suffered without trial in sight, their guilt falls within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898, justifying the grant of bail.
- Whether an accused declared innocent in successive police investigations is entitled to post-arrest bail?
- Does the absence of a specific firearm attribution to an accused warrant further inquiry into their guilt under criminal law?
- Whether prolonged incarceration without commencement of trial constitutes a ground for granting bail in a murder case?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' Learned counsel for the petitioners does not press this petition to the extent of the petitioner Bashir Ahmad Bojrhi, therefore, to his extent this petition is dismissed as not pressed.
2. Bail is sought for petitioners Muhammad Younis and Ghulam Haider in a case registered vide F.I.R. No,324 of 2000 dated 29-10-2000 under sections 302/148/ 149, P.P.C., Police Station Fazilpur, District Rajanpur wherein it is alleged that on the fateful night when the complainant's father got up to ease himself, complainant heard fire where after he rushed to the spot and found in the light of the torch that his father was lying on the ground in an injured condition and accused Bashir Ahmad, Shameera, Ramzan, Younis and Haidcr armed with rifles were standing there. They raised Lalkara if the complainant would try to come near them, he too would be killed. Thereafter they decamped from the spot. His father, however, succumbed to the injuries and died at the spot. The motive alleged is that on the fateful night the accused had come with the intention to commit theft of cattle and when the complainant's father Imam Bakhsh saw and identified them, they finished the only evidence against them.
3. Learned counsel for the petitioners-seeks bail on the ground that there is no evidence against the petitioners; that it was an unseen occurrence,: that in two successive investigations petitioners were declared innocent and that they are behind the bars since October, 2000 and the trial is not in sight.
4. Admittedly, there is no evidence to the effect that either of the petitioners fired at Imam Bakhsh deceased. They were declared innocent during two successive investigations. They are in jail since October, 2000 and the trial is not in sight. In these circumstances the question of petitioners guilt would require further inquiry. Resultantly, this petition is allowed to the extent of petitioners Muhammad Younus and Ghulam Haider and they are allowed bail subject to their furnishing bail bonds in the sum of Rs,50,000 with one surety each in the like amount to the satisfaction of the learned trial Court.