NASIR HAYAT vs THE STATE
This bail application arises from an impugned order passed by the Additional Sessions Judge, Karachi East, dismissing the applicant's post-arrest bail in a case registered under sections 302, 392, 109, 201, and 34 of the Pakistan Penal Code 1860. The prosecution case alleges that the applicant concealed information regarding a murder committed by his friend and lodged an F.I.R. against unknown persons, leading to a challan being submitted against the applicant under section 201 of the Pakistan Penal Code 1860. The core legal question was whether the offence under section 201 of the Pakistan Penal Code 1860, as challaned against the applicant, is bailable. The court held that while the offence carries a punishment of up to seven years, it is bailable under the law. Consequently, the court granted post-arrest bail to the applicant subject to furnishing surety, laying down the principle that bail is to be granted when the specific offence for which the accused is challaned is bailable.
- Whether an offence under section 201 of the Pakistan Penal Code 1860 is bailable?
- Is an accused entitled to post-arrest bail when challaned solely under a bailable section of the Pakistan Penal Code 1860?
- Section 302, Pakistan Penal Code 1860
- Section 392, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' SYED MEHMOOD ALAM RIZVI, J.---This bail application is directed against the impugned order, dated 23-5-2008 passed by the learned IV-the Additional Sessions Judge, Karachi East in Sessions case No,143 of 2008, Crime No,65 of 2008, under sections 302, 392, 109, 201 and 34, P.P.C. At Polioe Station KIA (AVCC), Karachi East by which the bail application of the applicant was dismissed.
2. Precisely, the facts of the prosecution case are that one Farhan, a friend of the applicant, had killed Anwar Ali, the brother of the complainant at Ameer Shaheed Chowki. The dead body was taken to Sargodha and after burial, the complainant reached at Karachi and P.W. Umer Hayat told him about the above murder and further informed that the applicant has concealed the above incident though he had knowledge that his friend had killed the deceased and deliberately lodged the F.I.R. Against some unknown persons. As a result, on the above complaint, the case has been registered on 5-3-2008, the accused/applicant was arrested, thereafter, the investigation, challan has been submitted against the applicant under section 201, P.P.C.
3. Heard the learned counsel for the applicant and learned APG and perused the record carefully.
4. The learned APG, outrightly, contends that as the accused/ applicant has been challaned in this case under section 201, P.P.C., which is though punishable for 7 severs, but it is bailable. At this juncture, learned counsel for the complainant vehemently opposed and confronted that the offence is punishable for life and not bailable and he referred to different sections of the P.P.C., which were irrelevant and subsequently, he read section 201, P.P.C. And found that the same is bailable, therefore, by a short order the bail was granted to the applicant in the morning, therefore, the applicant is granted bail subject to furnishing surety in the sum of Rs, 1,00,000 (Rupees one lac only) with P.R. Bond in the like amount to the satisfaction of the trial Court.
Cited by 2 cases
- Imran Ahmed vs Mst. Madiha Younus and another 2017 SHC 372
- IMRAN AHMED vs Mst. MADIHA YOUNUS and 2 others 2018 YLR 649