MUSTANSAR ALI alias NATCHA vs THE STATE
This matter comes before the Lahore High Court through a criminal bail application filed by Mustansar Ali alias Natcha seeking post-arrest bail in F.I.R. No. 352/05 registered under sections 337-A(i), 337-F(ii), 148, and 149 of the Pakistan Penal Code 1860 at Police Station Sabzpir, District Sialkot. The core legal question concerns whether the petitioner is entitled to post-arrest bail considering the statutory punishment, delay in lodging the F.I.R., rule of consistency with co-accused, and his status as a juvenile student. The court held that since the offense does not fall within the prohibitory clause, co-accused attributed with similar roles have already been granted bail, and the petitioner is a student under 18 years of age, the case warrants further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898. The bail application is accordingly allowed.
- Whether bail should be granted when the offense allegedly committed does not fall within the prohibitory clause?
- Does the grant of bail to co-accused similarly situated entitle another accused to bail under the rule of consistency?
- Whether the age and student status of an accused under 18 years warrant a lenient view in post-arrest bail matters?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
1. ' SYED SHABBAR RAZA RIZVI, J.-The petitioner filed this bail application for post-arrest bail in F.I.R.
2. No,352/05, dated 15-11-2005. The said F.I.R. Was registered under sections 337-A(i), 337- F(ii), 148 and 149 P.P.C. At Police Station Sabzpir, District Sialkot.
3. ' Briefly, according to the contents of the F.I.R.,' the petitioner inflicted Chhurri injury on the left arm of the complainant and also took away Rs,700 from the pocket of the complainant.
4. ' The learned counsel for the petitioner submits that there is an inordinate delay of 3 days in the registration of case. He submits that offence under section 337-F(ii), P.P.C. Prescribed maximum punishment of three years. He submits that petitioner is under 18 years of age and is going to give examination of matric in March, 2006, He further submits that he has already spent nearly two months in the jail.
5. ' The learned counsel for the State submits that Challan in this case has been submitted after a thorough investigation in which petitioner has been found guilty. She further submits that Chhurri by which the injury was caused to the complainant has been recovered. However, she submits that out of five accused, four have already been granted bail including co-accused Rustam, Qaiser and Nasir who also caused injuries to the complainant.
6. After hearing the learned counsel for the parties, it is disclosed that petitioner and three other co- accused caused injuries to the complainant. All other accused who caused injuries have been granted bail. The certificate of the Board of Intermediate and Secondary Education, Gujranwala suggests that petitioner is a student and aged less than 18 years. The offence allegedly committed by the petitioner also does not fall within the prohibitory clause, All the above facts provide sufficient grounds to believe that further inquiry is required into the guilt of the petitioner, therefore, provisions of subsection (2) of section 497, Cr.P.C. Are attracted. Besides, petitioner's age and his being student also warrant a lenient view.
7. ' Therefore, as a consequence of the above reasons, this bail application is allowed. The petitioner shall be released on bail subject to his furnishing of bonds in Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court or Allaqa Magistrate.