GHULAM MUSTAFA and another vs STATE
This matter concerns a bail application involving counter-cases registered between the parties. The applicants contended that they were falsely implicated for malicious reasons, the investigation had been completed (challaned), and the maximum punishment for the alleged injuries sustained by the complainant did not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898. The State counsel offered no objection to the grant of bail. Upon reviewing the record and considering the arguments, the Court found merit in the applicants' contentions. Consequently, the Court granted post-arrest bail to one applicant and confirmed the interim pre-arrest bail for the other applicants, subject to the furnishing of bail bonds to the satisfaction of the trial Court. The judgment reinforces the principle that where the maximum punishment for an offense does not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898, and the State offers no objection, bail is generally appropriate, particularly in the context of counter-cases and potential malicious implication.
- Is bail appropriate when the maximum punishment for the alleged offense does not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898?
- Does the existence of counter-cases between parties support a claim for bail?
- Section 497, Code of Criminal Procedure 1898
ORDER
1. It is argued that the parties have registered counter-cases, against each other, the applicants have been falsely implicated for malicious reason, the cases have been challaned and that the maximum punishment provided for the injuries sustained by Abdul Karim is five years, which does not fall within the prohibition contained under Section 497, Cr.P.C.
2. Learned State counsel has stated no objection.
3. 4h4 On perusal of the material on record and consideration of the arguments it appears that contentions raised are not without force, as such, learned State counsel seems to have rightly extended no objection.
4. In the circumstances, applicant Abdul Ghafoor is granted bail in the sum of Rs. 50,000 (Rupees fifty thousand) and P.R. bond in the like amount to the satisfaction of the trial Court, whereas interim pre-arrest bail granted to applicants Ghulam Mustafa and Ghulam Nabi is confirmed on the same terms and conditions. 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.