MUNIR AKHTAR vs THE STATE
This matter arises from a criminal petition for post-arrest bail in a case registered under sections 302, 201, and 34 of the Pakistan Penal Code 1860 at Police Station R.A. Bazar, following the discovery of a dead body. The core legal question concerns whether an accused who is a minor at the time of the alleged offence is entitled to the grant of bail, particularly when considering the potential sentencing limitations regarding Qisas and Diyat. The court held that the petitioner is entitled to bail, primarily considering his age of approximately 14 to 15 years at the time of the incident and the likelihood that he would be sentenced under section 308 of the Pakistan Penal Code 1860 involving financial liability of Diyat rather than a sentence of Qisas. The key principle laid down is that the minority of an accused and the nature of prospective punishment involving financial liabilities such as Diyat are relevant considerations for granting post-arrest bail.
- Whether a minor accused of an offence under section 302 of the Pakistan Penal Code 1860 is entitled to post-arrest bail?
- Does the likelihood of being sentenced to Diyat instead of Qisas due to minority constitute a ground for granting bail?
- Section 302, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 308, Pakistan Penal Code 1860
ORDER
' Case F.I.R. No,476 dated 1-12-1996 under sections 302/201/34, P.P.C. Was registered at Police Station R.A. Bazar after dead body of Sultan Mehmood deceased Was found lying in the area of. Afshan Colony. Later petitioner was made one of the accused in the case and was arrested.. The petitioner has applied for grant of trial.
2. It has been contended on behalf of the petitioner that circumstantial evidence against the petitioner presently available on the record did not connect him adequately with the commission of offence and beside that he was aged 15 years only and being a ' minor was not likely to be punished with sentence of Qisas and in all likelihood his parents would be burdened with payment of Diyat only. Reliance in this regard was placed on 1996 PCr.LJ 166 and 1995 PCr.LJ 412. Learned counsel for the State opposed the grant of bail.
3. Keeping in view the age of petitioner as he was about 14/15 years at the time of incident, he is allowed bail in the slim of 2,20,000 with one surety in the like amount to the satisfaction of Trial Court for the petitioner in all likelihood, would be sentenced under section 308, P.P.C. Even if he would be found guilty in the final analysis primarily would be liable to pay Diyat amounting to Rs,2,12,664.09. 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.