NIAZ AHMAD vs THE STATE
This petition for leave to appeal arose from a criminal case where the petitioner sought bail after being charged with offences under sections 452, 148, 149, 337-L(ii), 337-A(ii), 337-A(iv), and 337-A(i) of the Pakistan Penal Code 1860, following the registration of F.I.R. No. 558 of 2005. The core legal question before the Supreme Court was whether the petitioner, who had been in custody for approximately one year following the submission of the challan, was entitled to the grant of post-arrest bail given the nature of the medical evidence presented. Upon reviewing the record, the Court observed that the prosecution attributed only a single, skull-deep injury caused by a 'Sota' to the injured party. Finding that the medical evidence did not preclude the possibility of bail, the Court held that the petitioner's prolonged incarceration warranted his release. Consequently, the petition was converted into an appeal and allowed, with the petitioner admitted to bail subject to furnishing surety bonds to the satisfaction of the trial court.
- Does the presence of a single, skull-deep injury caused by a blunt weapon preclude the grant of post-arrest bail?
- Is a petitioner entitled to bail after remaining in custody for approximately one year when the challan has been submitted?
- Section 452, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-A(iv), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
ORDER
' This petition has been filed for leave against the judgment, dated 22-5-2006. Petitioner is allegedly involved in the offence falling within the mischief of sections 452/148/149/337-L(ii)/337- A(ii)/337-A(iv)/ 337-A(i), vide F.I.R. No,558 of 2005, dated 12-10-2005. After registration of the case petitioner was in custody and challan of the case has been submitted.
2. We have perused the material available on record including the medical evidence. It is to be noted that only one injury has been attributed on the head of the injured by the prosecution and it is only skull deep with Sota as per the medical evidence, therefore, would not prohibit Court of Law to consider his release on bail at this stage. The facts and circumstances of the case so noted by us persuaded us to hold that after remaining confined in jail about one year he is entitled for the bail on the basis of material whatsoever available on record, therefore, the petitioner is admitted to bail subject to furnishing surety bond in the sum of Rs,50,000 with two sureties with P.R. In the like amount to the satisfaction of trial Court. Petition is converted into appeal and allowed.