DOST MUHAMMAD vs THE STATE
This matter comes before the Lahore High Court through a criminal miscellaneous application whereby the petitioner, Dost Muhammad, seeks post-arrest bail in case F.I.R. No. 236 of 2006 registered at Police Station Chhab Kallan, District Khanewal, under sections 337-F(v), 337-F(i), 337-A(i), 337-L(ii), 337-H(ii), 379, 148, and 149 of the Pakistan Penal Code 1860. The core legal question concerns the grant of post-arrest bail to an accused person who expresses readiness to pay the amount of Daman. The court's decision accepts the bail application upon the petitioner's undertaking to pay the amount of Daman and furnish requisite bail bonds. The key principle laid down is that post-arrest bail may be granted in appropriate cases involving hurt and allied offences where the accused agrees to pay Daman and the complainant as well as the state do not oppose the prayer.
- Can post-arrest bail be granted when the accused offers to pay the amount of Daman and the complainant does not oppose it?
- What procedure governs the deposit of Daman when post-arrest bail is granted in cases involving hurt offences?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
'MALIK SAEED EJAZ, J.---Seeks post-arrest bail in case F.I.R. No,236/2006, dated 17-9-2006 registered at P.S. Chhab Kallan, District Khanewal in respect of offences under sections 337-F(v), 337-F(i), 337- A(i), 337-L(ii), 337-H(ii), 379, 148 and 149, P.P.C.
2. At the very outset learned counsel for the petitioner has submitted that he is ready to pay the amount of "Daman" provided the petitioner is granted post-arrest bail.
3. Learned counsel for the complainant has not opposed this prayer, which is even otherwise reasonable. The learned D.P.-G. Has also not opposed the A said prayer. Consequently, this application is accepted and subject to payment of amount of "Daman" and furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the learned trial Court, the post-arrest bail is granted to the petitioner. The amount of "Daman" if deposited by the petitioner would remain with learned trial Court till the conclusion of the trial, whereafter the same would be paid to the party found entitled to recover the same in terms of the final judgment.