Law: Pakistan Penal Code (PPC),1860

Section: 302,114,147,148,149

Summary

In this bail application, Muhammad Sijawal @ Sijawal seeks post-arrest bail in a murder case registered under Sections 302, 114, 147, 148, and 149 of the Pakistan Penal Code (PPC) at Police Station B-Section, Ghotki. The FIR alleges that on 01.10.2023, the accused, including the applicant, armed with Kalashnikovs, attacked the complainant’s family and caused the murder of Mst. Hameeda. The applicant is specifically accused of instigating the principal accused to commit the murder and pointing a weapon at the complainant party.

The trial court had earlier declined bail, but the High Court granted post-arrest bail to the applicant after reviewing the facts. The court noted that the principal accused, Azad and Shabeer, had already been granted bail and later discharged by the investigating officer. The applicant’s role was limited to instigation, which requires further inquiry and evidence at trial. The court also observed a one-day delay in lodging the FIR, which raised doubts about the prosecution’s case. Relying on legal precedents, the court allowed bail on the condition of furnishing surety and personal bond, clarifying that the decision is tentative and will not affect the trial’s merits.

Core Points

Applicant: Muhammad Sijawal @ Sijawal seeks post-arrest bail in a murder case.