MUHAMMAD KHAN vs THE STATE
This matter arises from a criminal case registered vide F.I.R. No.101 dated 11-4-2003 at Police Station Pindi Bhattian, District Hafizabad, under sections 302, 148, and 149 of the Pakistan Penal Code 1860, concerning a fatal shooting resulting from old enmity. The core legal question involves determining the entitlement to post-arrest bail of the petitioner, Muhammad Khan, to whom only a lalkara (exhortation) is attributed and who was declared innocent during police investigation and placed in Column No. 2 of the challan. The Lahore High Court held that keeping in view the role of a lalkara simplicitor ascribed to the petitioner, he is entitled to bail, notwithstanding the complainant's allegations of dishonest investigation. The court accordingly granted post-arrest bail to the petitioner subject to furnishing appropriate surety bonds, leaving the complainant at liberty to raise grievances before the trial court.
- Whether an accused to whom only a lalkara simplicitor is attributed is entitled to post-arrest bail?
- Does the placement of an accused in Column No. 2 of the challan as innocent affect the consideration for grant of bail?
- Can a complainant agitate grievances regarding a dishonest police investigation before the bail-granting court after the submission of the challan?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' Matter pertains to case. F.I.R. No.101, dated 11-4-2003 registered at Police Station, Pindi Bhattian, District Hafizabad, under sections 302, 148 and 149, P.P.C.
2. The complainant side consisting of three men who are brothers were coming to the District Courts in Pindi Bhattian and reached at a point where two trucks had blocked the road. They descended from the car, when Muhammad Ajmal armed with pistol, Amjad Ali armed with pistol, Asif Ali armed with gun, Hassan Ali armed with a gun, Arif armed with a carbine, emerged. Amongst them, was the petitioner Muhammad Khan and Aslam as well. To whom both is attributed exhortation. When upon this exhortation, Ajmal using his pistol fired at Naveed Azhar. The second fire was shot by Amjad Ali hitting again Naveed Azhar, who staggered for a while and fell on the ground. Further allegation against Asif Ali and Arif is that they through simulating firing kept the complainant P. Ws'. At bay and did not allow them to come and rescue Naveed Azhar.
3. There is an old enmity inter se the parties and according to the learned counsel, the possibility of roping in large number of persons from the other side besides the assailants is there. Learned counsel further states that only a Lalkara is attributed to Muhammad Khan and there is no other overt act ascribed. It is to be seen whether he shared any intention.
4. According to Mr. Nasrullah, Sub-Inspector, he is declared innocent and has been placed in Column No.2 of the challan.
5. The complainant is present before this Court. States that there is dishonest investigation, as a result of which the challan has been placed showing the petitioner innocent.
6. As the challan has already been submitted and whatever he has to say, it will be open him to say before the trial Court where the trial has to commence. As for the moment, keeping in view the role of the petitioner ascribed which is a Lalkara simplicitor, this Court allows bail to the petitioner subject to his furnishing broil bond in the sum of Rs.10,000 with a surety who should be local, in the like amount to the satisfaction of the trial Court.