DOST MUHAMMAD vs THE STATE and others
This matter concerns a petition for post-arrest bail filed by Dost Muhammad, who was inadvertently omitted from a previous bail order granted to his co-accused. The core legal question was whether the petitioner, facing charges involving injuries declared as Shajjah-e-Khafifah, was entitled to bail under the Code of Criminal Procedure 1898. The Supreme Court observed that the medical board had reclassified the injuries, bringing the alleged offense under Section 337A(i) of the Pakistan Penal Code 1860, which carries a maximum punishment of two years' rigorous imprisonment. Consequently, the Court held that the petitioner's case did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Furthermore, noting that the petitioner had been incarcerated for over one year and eleven months and was no longer required for investigation, the Court granted him bail. The judgment reaffirms the principle that where an offense does not fall within the prohibitory clause of the bail statute and the accused has suffered prolonged pre-trial incarceration, bail should be granted as a matter of course.
- Does an offense punishable with a maximum of two years' imprisonment fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is an accused entitled to bail when the medical evidence reclassifies injuries to a less serious category and the accused has been incarcerated for a significant period?
- Section 337A(i), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' TASSADUQ HUSSAIN JILLANI, J.---This shall be read as part of the order dated 9-5-2011 vide which one of the petitioners, Muhammad Nasir (petitioner No, 1) was granted bail inter alia on the grounds that the injury on the ear of injured Muhammad Adnan was found to be Shajjah-e- Khafifah in terms of Medical Board's report dated 23-12-2010; that the prosecution case had been found to be partly false as only two out of eight accused had finally been sent up for trial and the question of petitioner's guilt required further inquiry. However, by inadvertence, no finding was given regarding the case of petitioner No,2 Dost Muhammad. In these circumstances on the office report dated 10-5-2010, we issued notice to petitioners' learned counsel and learned Additional'
Prosecutor-General for today. Then have been heard.
2. Petitioner No, 2 Dost Muhammad was attributed three injuries i,e, injury No, 1 on the ear with blunt weapon, injury No, 2 with sharp edged weapon and injury No, 8 on the thigh with blunt weapon. The only injury which was initially found to be serious, was declared by the Medical Board to be Shajah- e-Khafifah, would bring the case within the mischief of section 337A(i), P.P.C., which is punishable with two years' R.I. In terms of the injuries caused, the case of petitioner No, 2 does not fall within the prohibitory clause of section 497, Cr.P.C. He is behind the bars for the last more than one year and eleven months and no more required for further investigation. In these circumstances, he too is entitled to bail. Consequently, he is allowed bail and subject to his furnishing bonds in the sum of Rs, 100,000 with one surety in the like amount to the satisfaction of the trial Court, he shall be IA released on bail.