The post-arrest bail was refused to an accused who was assigned the accusation of shouting lalkara in a murder occurrence with the observation

In another case reported as Muhammad Ashraf v. The State [1996 MLD 884 (Lahore)], the post-arrest bail was refused to an accused who was assigned the accusation of shouting lalkara in a murder occurrence with the observation mentioned hereinbelow:- 

“During the investigation, it has been established on the record that the petitioner is son-in-law of Rehmat co-accused and also the maternal-first cousin of Muhammad Asghar etc. It was held in the case of Noor v. State 1994 PCr.LJ 311 that Lalkara was always to be adjudged in its true perspective taking into consideration the facts and circumstances of each case. It was also held that the degree of interest in the crime possessed by the person who shouted the Lalkara and the part he played in the background of the affairs is also to be seen. In the instant case, the petitioner is closely related to the other co-accused, as such, the role attributed to him is not that of simple proverbial Lalkara but amounts to instigation.” 

  Part of judgement

IN THE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI

Crl. Misc-Post-arrest Bail

1378-B-20

2020 LHC 1641