FARMAN ALI And 2 Others vs THE STATE
The petitioners sought post-arrest bail in a criminal case registered under sections 302/324/34 of the Pakistan Penal Code 1860 arising from an F.I.R. concerning a firing incident resulting in murder and injuries. The core legal question was whether the petitioners were entitled to bail when no specific firearm injury was attributed to them, they were declared innocent during police investigation, had no connection to the alleged motive, and had endured prolonged incarceration without trial commencement. The Lahore High Court held that the petitioners' case called for further inquiry into their guilt under section 497 of the Code of Criminal Procedure 1898. The petition was consequently allowed, granting bail subject to appropriate surety bonds. The key principle laid down is that where accused persons are assigned ineffective firing, are declared innocent by police investigation, lack motive association, and suffer prolonged detention without trial progress, their guilt falls within the scope of further inquiry warranting the grant of post-arrest bail.
- Whether an accused person assigned ineffective firing and declared innocent during investigation is entitled to post-arrest bail?
- Does prolonged incarceration without the prospect of a speedy trial constitute a ground for further inquiry under Section 497 of the Code of Criminal Procedure 1898?
- Whether absence of a motive link between the accused and the main perpetrators justifies the grant of bail in a case falling within the prohibitory clause?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Petitioners seek bail in a case registered vide F.I.R. No.317 of 1999, under sections 302/324/34, P.P.C., Police Station Saddar Dunyapur, District Lodhran wherein it is alleged that on the fateful day and time at about 8-00 p.m. The complainant alongwith Abdul Sattar, Abdul Jabbar, Sana Ullah, Umar Din, Khan Muhammad, Abdullah, Mst. Siddiqua, Mst. Pheeran and complainant's younger daughter Mst. Sumaria were removing cotton from tractor trolley, when Muhammad Hanif armed with .12 bore gun, Muhammad Amin armed with rifle .7 M.M., Sarfraz (petitioner) armed with carbine, Farman (petitioner) armed with.12 bore gun, D.1 Muhammad armed with.7 M.M. Rifle, Zulfiqar (petitioner) armed with .7 M.M. Rifle came to the spot and raised Lalkara that Abdullah son of Abdul should not be spared whereafter they started firing at them in consequence of which Mst. Sumaira minor received injuries on the chest, eyes and hand and on account of the firing of the co-accused Muhammad Siddique, Farooq Ahmed, Abdul Sattar, Mst. Siddiqua Bibi and Mst. Pheeran Bibi were injured. The afore-- referred Abdullah ran away and took refuge in his house. Mst. Sumaira succumbed to the injuries and died at the spot. The motive alleged is that Muhammad Hanif (sic).
2. Learned counsel for the petitioners seeks bail on the ground that no specific injury is attributed to the petitioners that they are alleged of ineffective firing; that the petitioners are not related to Muhammad Hanif and therefore, are not connected with the motive part of the prosecution story; that nothing was recovered from the petitioners; that the petitioners had counter-version in which six persons including the complainant have been challaned that during the investigation the D.S.P.
Crimes declared the petitioners to be innocent and that they are behind the bars for the last one and half years but the trial is not in sight.
5. The learned State Counsel has opposed the petition by submitting that the petitioners are specifically named in the F.I.R.; that the offence alleged does within the prohibitory clause of section 497, Cr.P.C. And that the investigation is complete.
6. Heard.
7. Admittedly, no specific injury is attributed to the petitioners, they were declared innocent by the D.S.P. Crimes and they are not connected with the motive and they are behind the bars for the last 1-1/2 years. In the afore-referred circumstances, the question of petitioner's guilt would require further inquiry. Resultantly, this petition is allowed and subject to furnishing bail bonds in the sum of Rs.1,00,000 each with one surety each in the like amount each to the satisfaction of learned trial Court they shall be released on bail.