MUHAMMAD ASHIQ alias SOHNA vs THE STATE
This matter concerns a petition for post-arrest bail filed by Muhammad Ashiq alias Sohna in relation to F.I.R. No. 122 registered at Police Station Factory Area, Faisalabad, involving offences under sections 337-A(i), 337-F(i), 337-F(ii), and 337-L(2)/34 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail given the nature of the offences, the delay in lodging the F.I.R., and the petitioner's age. The Court observed that the F.I.R. was lodged with a seven-day delay and that the charged offences were either bailable or did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, as the maximum sentence for the non-bailable offence was three years. Furthermore, relying on a School Leaving Certificate, the Court found the petitioner was under 16 years of age, attracting the first proviso to section 497(1) of the Code of Criminal Procedure 1898. Holding that continued incarceration served no beneficial purpose after the submission of the challan, the Court granted post-arrest bail to the petitioner.
- Does an offence carrying a maximum sentence of three years imprisonment fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Is a petitioner under the age of 16 entitled to the benefit of the first proviso to section 497(1) of the Code of Criminal Procedure 1898?
- Does the submission of a challan after investigation impact the necessity of continued pre-trial custody?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 497(1), Code of Criminal Procedure 1898
ORDER
' Through this petition Muhammad Ashiq alias Sohna petitioner has sought post-arrest bail in case F.I.R. No.122 registered at Police Station Factory Area, District Faisalabad on 4-3-2002 of offences under sections 337-A(i), 337-F(i), 337-F(ii), 337-L(2)/34, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. In this case had been lodged with a delay of about seven days. The offences under sections 337-A(i), 337-F(i) and 337-L(2), P.P.C. Are bailable and the offence under section 337-F(ii) entails a maximum sentence of three years imprisonment which does not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. According to the School Leaving Certificate being relied upon by the petitioner his age was less than 16 years at the time of the alleged occurrence and, thus, prima facie the case against the petitioner attracts the provisions of the first proviso to subsection (1) of section 497, Cr.P.C. The challan in this case has already been submitted after completion of investigation and, thus, continued custody of the petitioner in jail in connection with this case is not likely to serve any beneficial purpose at this stage. For all these reasons this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.30,000 (Rupees thirty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.