Zulfiqar vs The State
This matter arises from a petition for post-arrest bail filed by the petitioner in respect of FIR No. 192 registered at Police Station Saddar, Burewala, District Vehari, under Section 337-F(i)(iv) of the Pakistan Penal Code. The core legal question concerns whether the petitioner is entitled to post-arrest bail where injuries were inflicted with a sharp-edged weapon but not on a vital part of the body, and the offense falls outside the prohibitory clause. The Lahore High Court held that the petitioner had already suffered incarceration for more than three months without trial and that bail cannot be refused as a substitute for punishment. Consequently, the court allowed the petition and granted post-arrest bail subject to the furnishing of appropriate surety bonds. The key principle laid down is that prolonged incarceration without trial warrants the grant of bail when the offense does not fall within the prohibitory degree and detention would amount to premature punishment.
- Whether post-arrest bail can be granted when the offense does not fall within the prohibitory degree?
- Is prolonged incarceration without trial a ground for granting bail?
- Whether bail can be refused as a substitute for punishment?
- Section 337-F(i)(iv), Pakistan Penal Code 1860
ORDER MAULVI ANWARUL HAQ, J. - The petitioner seeks post-arrest bail in case of FIR. No. 192, registered with Police Station Saddar, Burewala, District Vehari on 4.7.2006 for an offence under Section 337-F(i)(iv). P.P.C.
2. The petitioner was arrested on 9.7.2006. His bail application has been rejected by a learned Additional Sessions Judge, Burewala on 7.8 2006.
3. Learned counsel for the petitioner contends that the injuries are not on the vital part and the case does not fall within the prohibitory degree. Learned counsel for the State opposes the bail application.
4. I have gone through the available records. The petitioner has been attributed two injuries to the person of Muhammad Nawaz complainant, the first is bone exposed on the front (palmar aspect) of hand and wrist joint while the second skin deep on back of right side of abdomen. The injuries were caused by a sharp-edge weapon. The petitioner has already suffered incarceration for more than three months without a trial. The bail is not to be refused as substitute of punishment. The Cr.M. Is accordingly allowed and the petitioner is granted bail subject to his furnishing bail bond in the sum of Rs. 30,000/- (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of the learned trial.