Sher Muhammad alias SHERO V. The State,
Bench: Abdullah Baloch
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This case involved a bail application by Sher Muhammad, alias Shero, who was accused in a murder case registered under Pakistan's Penal Code for qatl-i-amd (intentional killing), abetment, and acting with common intention.
According to the FIR, the complainant's brother was taken by two men, including the applicant, to a location where he later got into a heated argument with one of them. An unidentified person then signaled the main accused, who shot and killed the victim. The applicant himself was not accused of firing the fatal shot or giving the order to shoot; his role was limited to having accompanied the victim to the place where the killing occurred.
The Balochistan High Court examined whether the applicant's actions amounted to real participation in a planned murder, or whether he was merely present when a sudden, unplanned killing took place. The judge found that this distinction could not be resolved at the bail stage and required a fuller examination of evidence during trial. Since the applicant's specific role was unclear and needed further inquiry, the court ruled that he was entitled to bail.
The applicant was granted bail on furnishing a surety bond of Rs. 300,000. The court clarified that its remarks were tentative and would not affect the final decision on the merits of the case.
This case illustrates how Pakistani courts grant bail when a case requires "further inquiry" - meaning the accused's exact role and intent are not yet clearly established by the evidence.
یہ مقدمہ شیر محمد المعروف شیرو کی ضمانت کی درخواست سے متعلق ہے، جو پاکستان کے تعزیرات پاکستان کے تحت درج ایک قتل کے مقدمے میں ملزم تھا، جس میں قتلِ عمد، معاونت اور مشترکہ نیت کے تحت کارروائی کی دفعات شامل تھیں۔
ایف آئی آر کے مطابق، مدعی کے بھائی کو دو افراد، جن میں درخواست گزار بھی شامل تھا، ایک مقام پر لے گئے، جہاں بعد ازاں اس کی ان میں سے ایک شخص سے تلخ کلامی ہوگئی۔ اس کے بعد ایک نامعلوم شخص نے مرکزی ملزم کو اشارہ کیا، جس نے فائرنگ کرکے مدعی کے بھائی کو ہلاک کر دیا۔ درخواست گزار پر خود فائرنگ کرنے یا فائرنگ کا حکم دینے کا الزام نہیں تھا؛ اس کا کردار محض اس حد تک تھا کہ وہ مدعی کے بھائی کے ساتھ اس مقام تک گیا تھا جہاں یہ قتل ہوا۔
بلوچستان ہائی کورٹ نے اس نکتے کا جائزہ لیا کہ آیا درخواست گزار کا عمل ایک منصوبہ بند قتل میں حقیقی شرکت کے زمرے میں آتا ہے، یا وہ محض اس وقت موجود تھا جب ایک اچانک، غیر منصوبہ بند قتل
Generated from the full judgment text below — not a substitute for reading the actual opinion.
2019 M L D 1250 [Balochistan (Sibi Bench)] Before Abdullah Baloch, J SHER MUHAMMAD alias SHERO ---Applicant Versus The STATE--- Respondent Criminal Bail Application No.(s) 70 of 2019, decided on 24th April, 2019. Criminal Procedure Code (V of 1898) --- ----S. 497 ---Penal Code (XLV of 1860), Ss. 302, 109 & 34---Qatl -i-amd, abetment and common intention--- Bail, grant of ---Further inquiry--- Scope ---Although applicant was nominated in the FIR, but only his presence was shown at the relevant time and place and no role was ascribed to him by the complainant ---Role of firing upon the deceased was ascribed to main accused and the role of directing the main accused was attributed to an unknown accused person ---Applicant's role was that he took deceased towards the main accused, where he was murdered ---Whether the murder was pre- planned and in order to practically accomplish such plan the deceased was taken to the place of occurrence or that the incident occurred at the spur of the moment without planning, was yet t o be ascertained ---Case of accused was that of further inquiry--- Bail was granted, in circumstances.
Ahsan Rafiq Rana for Applicant. Abdul Karim Malghani for the State. Date of hearing: 22nd April, 2019. ORDER ABDULLAH BALOCH, J. ---This order disposes of Crl. Bail Application No.(S)70 of 2019 filed by the applicant (accused) Muhammad @ Shero son of Imam Bakhsh, who is seeking bail after arrest in case FIR No.05 of 2018, Police Station 298 RD District Sohbat Pur, under Sections 302, 109, 34, P.P.C.
2. Facts of the case are that on 23th June, 2018, the complainant Gul Muhammad son of Khamiso lodged the above FIR with the averments that he along with his family members and other relatives is residing at Goth Wandah Daulat Pur and by prof ession he is an agriculturist. On the day of occurrence, he along with his brother Muhammad Janib alias Jan Muhammad and maternal uncle Jan Gohram went to Manjhi Pur for a domestic work, where they met with Eid Muhammad and Sher Muhammad, who asked them for mutation of a land, which was refuted by them. Thereafter, the said two persons on the motorcycle of his brother took his brother towards their house at about 2.00 p.m., but when his brother did not return, the complainant along with his relatives procee ded towards Goth Gada Ali, when at about 06.30 p.m. reached at Otaq of Eid Muhammad found his brother Jan Muhammad and Eid Muhammad exchanging harsh words and two unknown accused persons were also present over there. It is further averred that the accused Eid Muhammad was armed with a pistol, who on the signal/directions of an unknown person made firing upon his brother, due to which he fell down and died at the spot.
3. After usual investigation, challan was submitted in the trial Court i.e. learned trial Court i.e. Additional Sessions Judge, Dera Allah Yar. In the meantime, the applicant (accused) filed an application for grant of bail before the trial Court, but the same was rejected, vide order dated 10th April 2019. Whereafter, instant application has been filed.
4. Heard the learned counsel for parties and with their able assistance gone through the record. The perusal of record reveals that though the applicant (accused) was nominated in the FIR, but only his presence at the relevant time and place was shown, while no role has been ascribed to him by the complainant. Infact, the role of firing upon the deceased has been ascribed to main accused Eid Muhammad, whereas the role of directing the main accused Eid Muhammad to make firing upon the deceased was attributed to an unknown accused person. The only role of the applicant (accused) remains in the case is that he along with main accused Eid Muhammad took the deceased towards the Otaq of main accused Eid Muhammad, where the deceased was murdered. Hence, it is yet to be ascertained that whether the murder of the deceased was pre- planned and in order to practically accomplish such plan the deceased was taken to the place of occurrence or that the incident occurred at the spur of the moment without earlier p lanning or scheme, hence in order to determine all these facts, evidence is required to be taken in the matter, till then it is a case of further inquiry.
5. Besides, after conducting investigation in the matter, challan of the case has been submitted in t he trial Court, the applicant (accused) has been remanded to judicial custody, while after taking cognizance the trial Court has commenced with the trial of the case.
6. Perusing the record tentatively, the counsel for the applicant (accused) has successfu lly made out a case for further inquiry, therefore, I am inclined to allow the instant application and grant bail to the applicant (accused) Sher Muhammad alias Shero son of Imam Bakhsh subject to furnishing surety in the sum of Rs.300,000/ - (Rupees Three Hundred Thousand), with P.R. bonds of the like amount to the satisfaction of trial Court or Deputy Registrar of this Court. The observations made hereinabove are tentative in nature and the same shall not influence the merits of the case. SA/21/Bal. Bail granted.