ABDUL MAJEED vs STATE
This petition for pre-arrest bail arises from an FIR registered under Sections 452, 337-F(i), 148, 149, 354, and 337-A(i) of the Pakistan Penal Code 1860, involving allegations of house trespass and causing injuries. The petitioner, a 60-year-old man, sought confirmation of interim bail, arguing that the FIR was delayed, the alleged injuries were minor bruises rather than sharp-edged wounds, and the motive was implausible. Furthermore, the petitioner contended that the offences charged did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and that co-accused had already been granted bail. The Court observed that the investigation history, including the deletion and subsequent re-addition of Section 452, coupled with the nature of the injuries and the petitioner's age, warranted further inquiry. Consequently, the Court confirmed the interim bail, holding that the cumulative circumstances of the case, particularly the non-application of the prohibitory clause and the lack of a clear motive, entitled the petitioner to the relief sought.
- Does a case where the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 entitle an accused to bail?
- Can the deletion and subsequent re-addition of a penal section during investigation constitute grounds for granting pre-arrest bail?
- Is the absence of sharp-edged injuries a relevant factor in determining the entitlement to bail in cases involving allegations of physical assault?
- Section 452, Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
1. Petitioner seeks pre-arrest bail in a case registered vide FIR No, 42/05 dated 17.1.2005 under Sections 452, 337-F(i), 148, 149, 354, 337-A(i), P.P.C. at Police Station Fareed Town District Sahiwal.
2. 2.As per FIR, petitioner armed with a hatchet alongwith the other accused tress-passed into the house of the complainant and caused injuries to her.
3. 3.Arguments heard. Record perused.
4. 4.There is a delay of one day in lodging the FIR, not properly explained therein; that the petitioner is fairly old man of 60 years and in the initial investigation, Section 452, P.P.C. was deleted and the petitioner who is a close relative of the complainant was granted bail after arrest by the learned Magistrate. However, later-on, in the subsequent investigation, Section 452, P.P.C. was again added, therefore, the petitioner was obliged to seek pre-arrest bail with reference to the same; that the house wherein the alleged occurrence had taken place belongs to petitioner's real brother who used to visit there freely; that the co-accused after having been declared innocent had already been enlarged on bail; that there is no sharp-edge injury on the person of the complainant as the same are in the shape of bruises; that as per FIR, motive was to the effect that petitioner asked the complainant's husband to give some money by way of loan but he refused, therefore, altercation had taken place between them which shows that there was no motive at all against the complainant which might have stepped towards causing injuries to her; that the offences where-under the petitioner is alleged to have been involved, do not fall within the prohibitory clause of Section 497, Cr.P.C.; that the petitioner does not have any previous history of his involvement in such like cases and in case the petitioner is arrested, he would be put to the disgrace & humiliation.
5. 5.All the above factors taken together bring the case of the petitioner within the ambit of further inquiry. Hence, this petition is allowed and the interim bail already granted to the petitioner vide order of this Court dated 15.6.2005 is hereby confirmed subject to furnishing fresh bail bonds in the sum of Rs, 50,000/- (fifty thousand) with two sureties each in the like amount to the satisfaction of the learned. Maga Magistrate within two weeks, failing which law shall take its own course.