SALMAN IRTIZA vs AHMED MIAN and another
This matter concerns an application filed by the complainant seeking the cancellation of bail granted to the respondent/accused by the IInd Additional Sessions Judge, Karachi East, in connection with Crime No. 415 of 2009. The accused was charged under sections 420, 468, and 471 of the Pakistan Penal Code 1860. The core legal question was whether the bail granted by the trial court was legally sustainable, particularly regarding the bailable nature of the offences charged and the applicability of the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. The Court held that the offences under sections 420 and 471 are bailable, entitling the accused to bail as a matter of right. Regarding section 468, the Court affirmed that it does not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. Consequently, the Court upheld the trial court's order, noting that no exceptional circumstances were demonstrated to warrant cancellation, especially given the 18-year delay in lodging the FIR. The application for bail cancellation was dismissed.
- Is an accused entitled to bail as a matter of right when charged with a bailable offence?
- Does an offence under section 468 of the Pakistan Penal Code 1860 fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Can bail be cancelled in cases where the offence does not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898 without demonstrating exceptional circumstances?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' SAJJAD ALI SHAH, J.--- Exemption is allowed subject to all just exceptions.
2. Through this application complainant seeks cancellation of bail granted to the respondent/accused by IInd Additional Sessions Judge, Karachi East vide order dated 31-8-2009 in Crime No,415 of 2009 for the offence under sections 420, 468, 471, P.P.C. By Police Station Brigade, Karachi.
Learned counsel for the applicant initially contended that the order wrongfully specifies section 420 as bailable. However, a perusal of Criminal Procedure Code reflects that the same being bailable and such is also contended by the learned A.P.-G. And consequently Mr. Saathi Ishaque withdraws his argument. Likewise, section 471 with which the respondent/accused is charged also appears to be bailable. It is settled proposition that in cases where a person is charged of a bailable offence such person as a matter of right is entitled to bail. The only non-bailable provision in the instant crime appears to be section 468 which carries punishment for seven years and as rightly observed by the learned IInd Additional Sessions Judge, Karachi East the same does not fall within the prohibitory clause of section 497, Cr.P.C., and consequently rejection of bail was an exception to the general rule of granting bail in case which do not fall within the prohibitory clause of section 497, Cr.P.C. No exceptional circumstance in a case lodged after a delay of 18 years has been pointed out. No illegality in well-reasoned bail is demonstrated. The application is dismissed.
Cited by 1 case
- M. IQBAL BUTT Versus State 2012 PCrLJ 1350