MUHAMMAD ISSA vs THE STATE

This matter arose from a post-arrest bail application filed by the accused in FIR Crime No. 96 of 2008. The legal issue concerned whether the accused was entitled to post-arrest bail considering the specific role assigned to him and the nature of the injury under the relevant penal provisions. The High Court observed that according to the F.I.R., the applicant inflicted a hatchet blow to the complainant's head, which was classified in the medical certificate as Shajjah-i-Madihah under Section 337-A(ii) of the Pakistan Penal Code 1860, carrying a maximum sentence of five years' imprisonment. The Court held that the alleged offense did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, the High Court granted bail to the applicant subject to furnishing a surety bond. The judgment establishes that where an injury caused by an accused attracts a punishment that does not fall under the prohibitory clause of Section 497 Cr.P.C., post-arrest bail may be granted.