UMER HAYAT vs THE STATE
This matter concerns a post-arrest bail application filed by the petitioner, Umer Hayat, in relation to F.I.R. No. 253 of 2005, registered under sections 337-F(v), 337-L(ii), 148, and 149 of the Pakistan Penal Code 1860. The petitioner was accused of assaulting the complainant and his father. The core legal question was whether the petitioner was entitled to bail, considering the existence of cross-versions of the incident, the nature of the alleged offences, and the duration of the petitioner's incarceration. The Court held that the case involved two conflicting versions, the determination of which required a full trial. Furthermore, the Court observed that the alleged offences did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. Given that the investigation was complete, no recovery was pending, and the petitioner had been incarcerated for seven months, the Court granted bail. The key principle laid down is that in cases not falling within the prohibitory clause, the grant of bail is the rule and refusal is the exception, absent exceptional circumstances.
- Does the existence of two conflicting versions of an incident warrant the grant of bail?
- Is bail a rule and refusal an exception in cases not falling within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Can bail be granted when the investigation is complete and no further recovery is required from the accused?
- Section 497, Code of Criminal Procedure 1898
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' IJAZ AHMAD CHAUDHRY, J.-- Through this application under section 497, Cr.P.C. Umer Hayat (petitioner) seeks post-arrest bail in a case F.I.R. No,253 of 2005, dated 31-10-2005, registered under sections 337/F(v), L(ii), 148/149, P.P.C. At Police Station Kandiwal, District Jhang on the application of Ghulam Mustafa, the complainant.
2. The brief facts as alleged in the F.I.R. Are that on 28-10-2005 at about 6-00 p.m. The complainant went to Civil Hospital, Kandiwal, where the petitioner was present and abusing to the Doctor concerned. The complainant refrained the petitioner but he raised Lalkara whereupon his co- accused assaulted him. On the same day at 6-30 p.m. His father who is "Imam Masjid" when was going mosque at "IshaVaila" and when he reached near the house of the petitioner, co-accused Muhammad raised Lalkara. The petitioner made butt blow of his gun hitting on the right wrist of his father. Thereafter, the other co-accused also assaulted the father of the complainant. On hue and cry the inhabitants of the locality had attracted there and the accused persons ran away.
3. The learned counsel for the petitioner contends that occurrence admittedly had taken place near the house of the petitioner and the petitioner had got lodged F.I.R. No,282 of 2005 at the same police station on 29-10-2005 with the same incident in which the complainant is one of the co- accused; that the offence does not fall within the ambit of prohibitory clause of section 497, Cr.P.C.; that the petitioner is behind the bars for the last 7 months and during the course of investigation, nothing has been recovered from him and he cannot be detained in Jail for indefinite period and bail cannot be withheld as a punishment.
4. The learned counsel for the State has opposed this bail petition on the ground that the petitioner along with his co-accused had launched murderous assault upon the complainant party, therefore, he is not entitled to the bail.
5. I have heard the arguments advanced by learned counsel for the parties and perused the record with due care and caution.
6. It is a case of two versions, which is correct, will be seen by the learned trial Court after recording of evidence of the parties as the petitioner is involved in case which does not fall within the ambit of prohibitory clause of section 497, Cr.P.C. A The petitioner is behind the bar for the last 7 months and nothing is to be recovered from his possession and his person is also no more required to the police for further investigation, which is complete and his further detention in jail will serve no useful purpose to the prosecution. Allegedly the petition was armed with gun, but he did not use the same in the occurr=ence. In such-like cases, grant of bail is a rule and refusal is an exception and I did not find any exceptional circumstances to refuse the bail to the present petitioner in this case.
' For the foregoing reasons, the instant bail petition is accepted and the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of learned trial Court.
Bai1 granted.