SAEED and another vs STATE
This matter arises from a criminal petition filed by Saeed and Amanat Ali seeking post-arrest bail in case F.I.R. No. 254/2007 registered at Police Station Sahianwala, District Faisalabad, under Sections 324, 148, 149, and subsequently added Section 337-F(v) of the Pakistan Penal Code 1860. The core legal question is whether the petitioners are entitled to post-arrest bail where injuries are attributed to non-vital parts of the body and the punishment does not fall within the prohibitive clause of Section 497 of the Code of Criminal Procedure 1898. The Lahore High Court allowed the petition and granted post-arrest bail to the petitioners. The court held that since the injuries were caused on non-vital parts (feet) and the offense carried a punishment not falling within the prohibitive bracket of Section 497(1) Cr.P.C., and the application of Section 324 required further inquiry regarding the seat of injuries, the case warranted the grant of bail.
- Are petitioners entitled to post-arrest bail when injuries are attributed to non-vital parts of the body?
- Does an offense carrying a punishment of five years fall within the prohibitive clause of Section 497(1) of the Code of Criminal Procedure 1898?
- Does the application of Section 324 of the Pakistan Penal Code 1860 require further inquiry when injuries are sustained on non-vital parts?
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Petitioners (Saeed son of Moonda and Amanat Ali son of Fazal Karim both by caste Hai Kharal) seek post arrest bail in case F.I.R. No, 254/2007 dated 13.10.2007 offence under Sections 324, 148, 149 PPC and later on added 337-F(v) PPC registered with Police Station, Sahianwala, District, Faisalabad.
2. Briefly the allegation against Saeed, petitioner is that he caused fire-armed injury on the right foot of Monday Khan injured PW, whereas Amanat Ali, petitioner caused injury on left foot of Naseer Ahmad son of Mher-I-Khan.
3. After hearing the learned counsel for the parties and going through the record. I have found that both the petitioners have been attributed injuries on non-vital parts of the bodies i,e, feet of the injured P.Ws; the nature of injuries provides punishment of five years which does not fall within prohibition contained in sub-section (1) of Section 497 Cr.P.C. As far as the application of Section 324 is concerned, prima facie, that requires further inquiry keeping in view the seat of injuries. My view is fortified by the judgment of the Hon'ble Supreme Court reported as PLD 2004 S.C. 477.
4. For what has been discussed above, this petition is allowed and petitioners are granted post arrest bail subject to their furnishing bail bonds in the sum of Rs, 1,00,000/- (Rupees One Lac only) each with one surety each in the like amount to the satisfaction of the learned trial Court. 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.