ALI SHER vs STATE and another
This matter arises from a criminal petition seeking post-arrest bail in case FIR No. 15 dated 14.01.2008, registered under Sections 458 and 324 of the Pakistan Penal Code 1860 at Police Station Saddar Kabirwala, District Khanewal, on allegations of lurking house trespass and a murderous assault. The core legal question is whether the petitioner is entitled to post-arrest bail when the injury attributed to him is on a non-vital part of the body, the weapon has been recovered, investigation is complete, and the statutory period of incarceration has been significant. The Lahore High Court held that the application of Section 324 of the Pakistan Penal Code 1860 requires further inquiry and the case falls within the purview of sub-section (2) of Section 497 of the Code of Criminal Procedure 1898. The petition was consequently allowed and the petitioner admitted to bail, laying down the principle that post-arrest bail may be granted where culpability and applicability of penal provisions warrant further inquiry under the statutory provisions governing bail.
- Whether an injury on a non-vital part of the body attracts Section 324 of the Pakistan Penal Code 1860 so as to warrant further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Does the completion of investigation and recovery of the weapon of offence justify the grant of post-arrest bail?
- When does a criminal case fall within the purview of sub-section (2) of Section 497 of the Code of Criminal Procedure 1898 for the purpose of bail?
- Section 458, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Ali Sher, petitioner, through this petition, seeks post arrest bail in case FIR No, 15 dated 14.01.2008, offence under Sections 458/324 PPC registered at Police Station, Saddar Kabirwala District Khanewal.
2. Briefly allegation against the petitioner is of lurking house trespass and launching of murderous assault by transgression into the house to the complainant's sister.
3. Heard. Record perused.
4. Admittedly the petitioner was arrested in this case on 26.05.2008 and is behind the bars for the last about nine months. There is nothing on record that any valuable articles were taken away by the petitioner or of his co-accused. Weapon of offence pistol has already been recovered from the petitioner. Investigation in the case is complete. The learned counsel for the complainant states that prosecution has produced evidence but could not be recorded due to non-availability of defence counsel. In my view the injury attributed to the petitioner is on non-vital part of the body of the injured and application of Section 324 PPC requires further inquiry. Case of the petitioner squarely falls within the purview of sub-section (2) of Section 497 Cr.P.0 Reliance can be had to PLD 2004 SC-477.
5. For what had been discussed above, this petition is allowed and petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.