SULTAN AHMED vs THE STATE
This matter concerns a petition for post-arrest bail filed by the accused, Sultan Ahmed, who was charged under Section 489-F of the Pakistan Penal Code 1860 in connection with an F.I.R. registered at Police Station Saddar, District Jhang. The core legal question was whether the petitioner was entitled to bail given the nature of the offence and the duration of his incarceration. The Court held that the offence under Section 489-F, which carries a maximum imprisonment of three years, does not fall within the prohibitory clause of the law. Consequently, the Court granted the bail petition, noting that the investigation was complete, the challan had been submitted, and the trial was unlikely to conclude in the near future. The Court reaffirmed the principle that in offences not falling within the prohibitory clause, the grant of bail is the rule and refusal is the exception. It was further held that keeping the accused in custody during a protracted trial would effectively amount to punishment, which is not permissible under the law.
- Is an offence under Section 489-F of the Pakistan Penal Code 1860 considered to fall within the prohibitory clause?
- Should bail be granted as a rule in cases where the offence does not fall within the prohibitory clause?
- Does the continued incarceration of an accused during a delayed trial constitute impermissible punishment?
- Section 489-F, Pakistan Penal Code 1860
ORDER
' SH. JAVAID SARFRAZ, J-The petitioner, Sultan Ahmed* seeks post-arrest bail in case bearing F.I.R.
No.273 of 2006, dated 26-4-2006, under section 489-F, P.P.C., registered at Police Station Saddar, District Jhang, at the instance of complainant Fida Hussain.
2. Learned counsel for the petitioner submits the cheque of the petitioner was misplaced; that the offence does not fall within the prohibitory clause and that the petitioner is behind the bars for the last four months and is no longer required for investigation.
3. Learned State counsel has opposed the bail petition.
4. The petitioner is an accused of offence under section 489-F, P.P.C., which is punishable with imprisonment of three years and does not fall within the prohibitory clause. As held by the Honourable Supreme Court of . Pakistan in Tariq Bashir and 5 others V. The State (PLD 1995 Supreme Court. 34), in offences, which do not fall within the prohibitory clause, bail should be granted as a rule while refusal thereto is an exception. Challan has also been sent to the Court but no progress has been made so far. It shall take a long time before the trial is concluded. Till then his remaining behind the bars would amount to punishment, which is not permissible under the law.
5. In light of what has been discussed above, while accepting this petition, the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs.40,000 with one surety in the like amount to the satisfaction of learned trial Court.
Cited by 1 case
- Syed QAMAR ALAM vs The STATE 2014 YLR 497