TARIQ ZIA vs THE STATE
This matter comes before the Supreme Court of Pakistan through a petition for leave to appeal, subsequently converted into an appeal, filed by the petitioner seeking post-arrest bail after being refused by both the trial court and the Lahore High Court. The petitioner stands accused in F.I.R. No. 172 dated 11-4-1999 registered under sections 148, 364, 302, and 149 of the Pakistan Penal Code 1860. The core legal question revolves around whether the attribution of a mere Lalkara while being empty-handed, without any active or overt act in the commission of the offence, makes out a prima facie case for further inquiry and the grant of bail. The Supreme Court held that since the petitioner was empty-handed and did not play any active part other than raising a Lalkara, the exact legal effect and evidentiary value of such Lalkara is a matter to be determined by the trial court after recording evidence, thereby making out a prima facie case for bail. Consequently, the Court allowed the appeal and admitted the petitioner to bail.
- Does attribution of a mere Lalkara without an overt act make out a case for further inquiry under criminal law?
- Whether an accused who is empty-handed and plays no active role in the crime is entitled to post-arrest bail?
- Can the evidentiary value of a Lalkara be conclusively determined at the bail stage?
- Section 148, Pakistan Penal Code 1860
- Section 364, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
' The petitioner was refused bail by the learned trial Court as well as the Lahore High Court through the impugned order in a case registered through F.I.R. No. 172, dated 11-4-1999 under sections 148/364/302/149, P.P.C. Hence this petition for grant of bail.
2. The accusations against the petitioner in the F.I.R. Are that he raised only a Lalkara to the effect that the enemy had come and on that Lalkara other accused attacked the complainant side. The contents of the F.I.R. Show that the accused was empty-handed and has not played any active/overt act in the commission of the offence. It would be for the trial Court to examine the evidence and determine the effect of the Lalkara raised by the petitioner. At this stage, we feel that prima facie, a case for grant of bail has been made out. Consequently, this petition is converted into appeal and while accepting the appeal, the petitioner is, allowed bail in the sum of Rs.1,00,000 (Rupees One Lac only) with two sureties each in the like amount to the satisfaction of the Area//Duty Magistrate or the trial Court.
Cited by 10 cases
- Raja Versus State 2026 YLR 615
- Abdul Malik vs The State 2025 YLR 1029
- Bilqees Bibi vs The State etc 2024 LHC 3790, 2024 YLR 2461, PLJ 2024 Cr.C. 1107
- DARO KHAN Versus State 2023 YLRN 65
- Abdul Khalique vs The State 2023 PCRLJ 323
- Younas Hassan vs The State and another 2020 LHC 1514
- YOUNAS HASSAN Versus State 2021 PCrLJN 37
- KHURSHEED AHMED Versus State 2019 PCrLJN 43
- MUNAWAR SHAH vs The STATE 2014 YLR 523
- ANSAR SHAH vs THE STATE 2004 YLR 2262