MUHAMMAD MITHAL alias MITHO and 2 others vs THE STATE
This matter concerns an application for the confirmation of interim pre-arrest bail granted to the applicants in connection with Crime F.I.R. No. 53 of 2006, registered at Police Station Lakhi Ghulam Shah. The core legal questions were whether the offences charged against the applicants fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and whether the applicants were entitled to the confirmation of their pre-arrest bail. The applicants contended that the case was false, arising from enmity, and that the offences charged were bailable and did not carry a punishment of death, life imprisonment, or ten years. The Court observed that the sections applied in the F.I.R. were indeed bailable and did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, the Court confirmed the interim pre-arrest bail, holding that the applicants were entitled to relief as the offences were not of a non-bailable nature, and directed them to appear before the trial court to face proceedings.
- Are offences that do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 generally bailable?
- Does the confirmation of interim pre-arrest bail depend on whether the alleged offences are punishable with death, life imprisonment, or ten years?
- Section 337-A, Pakistan Penal Code 1860
- Section 337-F, Pakistan Penal Code 1860
- Section 337-H, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 403, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' MUHAMMAD AFZAL SOOMRO, J.---By an order dated 5-5-2006, interim pre-arrest bail was granted to applicants above named in Crime F.I.R. No,53 of 2006, registered under sections 337-A(i), F(i), (H)
2. (i), 148, 149, 403, 504, P.P.C. At Police Station Lakhi Ghulam Shah. Today the same is fixed for confirmation or otherwise.
3. ' It has been contended by the learned counsel for the applicant that the applicants have been involved in this false case due to enmity and suspicion. He further submits that all the allegations applied in the F.I.R. Are bailable and alleged offence does not fall within the prohibitory clause of section 497, Cr.P.C. And the offences are not punishable with imprisonment of life, death or 10 years.
4. He lastly submitted that co-accused Eidan has been admitted on bail by trial .Court and case has been challaned but the applicants were of no knowledge regarding their involvement in this present case, hence after a raid made by the concerned police at the house of applicants, they came to know and left himself at the mercy of Court, now the applicants/accused wants to appear before the trial Court on or before the date of hearing to face the alleged charge.
5. For what it has been discussed above, I am of the considered view that since all the sections applied in F.I.R. Are bailable and does not come within the ambit of section 497, Cr.P.C. Thus the earlier interim pre arrest bail granted to applicants is confirmed on same term and condition. The applicants are directed to appear before the trial Court to face their trial.
6. ' The Criminal Bail Application No,191 of 2006, in view of above stands disposed of.