MUHAMMAD ARIF vs THE STATE
This petition for post-arrest bail arises from F.I.R. No. 597/2004, registered at Police Station Naseerabad, Lahore, under sections 222, 223, and 224 of the Pakistan Penal Code 1860. The petitioner, a Sub-Inspector of Police, was charged with negligence after an accused person, who was in his custody in connection with a murder case, escaped from the petitioner's room where he had been kept in handcuffs instead of being placed in the judicial lock-up. The core legal question was whether the petitioner was entitled to bail given the nature of the allegations and the statutory classification of the offense. The Court held that the prosecution's allegations primarily indicated that the accused escaped from the petitioner's custody due to negligence, which falls under the purview of section 223 of the Pakistan Penal Code 1860. As this offense is bailable, the Court granted the bail petition. The key principle established is that where the primary allegation against a public servant involves negligence leading to an escape, and the offense is classified as bailable under the statute, the accused is entitled to the grant of bail.
- Does the escape of an accused from police custody due to negligence fall under a bailable offense?
- Is a police officer entitled to bail when charged with negligence for an escape under section 223 of the Pakistan Penal Code 1860?
- Section 222, Pakistan Penal Code 1860
- Section 223, Pakistan Penal Code 1860
- Section 224, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
ORDER
1. ' Through this petition the petitioner seeks bail after arrest in case F.I.R. No.597 dated 15-9-2004 under sections 222, 223 and 224, P.P.C. Registered at Police Station Naseerabad, District Lahore.
2. According to the prosecution allegations set up in the F.I.R. The petitioner while posted as Sub- Inspector of Police at Police Station Naseerabad was investigating a case F.I.R. No.505 of 2004 under section 302, P.P.C. Registered at the said police station and Muhammad Mansha alias Abdul Hayee nominated accused in the said case was under arrest and in his custody and on the night of 1-8-2004 instead of locking him in the judicial lock-up he made that accused sit in his room in handcuffs wherefrom he was able to make good his escape. From the prosecution allegations set up in the F.I.R. It is borne out that the nominated accused had escaped from the custody of the petitioner due to his negligence as he was required under the rules to lock the said accused in the lock-up but he made him sit in handcuffs in his own room. The said offence falls within the purview of section 223, P.P.C. Which is bailable one. Therefore, the petitioner is admitted to bail in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of the trial Court.