GHULAM TAHIR and 2 others vs THE STATE and anothers
This matter concerns a post-arrest bail application filed by three petitioners, Ghulam Tahir, Muhammad Zahid, and Waheed Ali, who were charged under sections 337-F(i), 337-F(v), 337-A(i), 337-L(2), 379, 148, and 149 of the Pakistan Penal Code 1860, following an alleged attack on the complainant. The core legal question was whether the petitioners were entitled to bail given the nature of the injuries attributed to them, the duration of their incarceration, and the status of the trial proceedings. The Court held that the petitioners were entitled to bail. The ratio of the decision rests on the fact that the offenses charged did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. Furthermore, the Court noted that the trial was at a nascent stage with little prospect of conclusion in the foreseeable future, and the petitioners had already been incarcerated for approximately one year. Consequently, keeping the petitioners in custody for an indefinite period would serve no useful purpose, leading the Court to grant post-arrest bail.
- Does the offense of Ghayr-Jaifah Hashimah under section 337-F(v) of the Pakistan Penal Code 1860 fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Can bail be granted when the trial is at a nascent stage and unlikely to conclude in the foreseeable future?
- Is prolonged incarceration without trial a sufficient ground for the grant of post-arrest bail in non-prohibitory offenses?
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
ORDER
' SHAHID HAMEED DAR, J.--Ghulam Tahir, Muhammad Zahid and Waheed Ali (petitioners) seek bail after arrest in case F.I.R. No, 120, dated 17-4-2011, under sections 337-F(i), 337-F(v), 337-A(i), 337- L(2), 379, 148, 149 P.P.C., registered at Police Station Garh, District, Faisalabad.
2. Precisely the prosecution case as stated by the complainant is that accused Muhammad Zahid, Ghulam Tahir, Muhammad Waheed (petitioners) and Rab Nawaz all armed with sotas, Hafiz Hanif empty-handed joined by four others, all armed with 12 bore guns mounted an attack upon Muhammad Zaman and badly wounded him; Muhammad Zahid (petitioner) gave a sota blow and broke the leg of Muhammad Zaman; accused Ghulam Tahir and Waheed Ali gave blows of their weapons at the chest area of the said injured and broke his ribs; rest of the accused also caused injuries to him as a result of which he fell onto the ground in a bad injured condition; the accused also took away the wrist watch and cell phone of the injured.
3. The MLR of Zaman injured reveals seven blunt weapon injuries out of which Injuries Nos.4 and 6 can be attributed to the petitioners. Injury No,6 shows fracture of left leg of the injured which has been ascribed against Zahid accused whereas Injury No,4 which is at the left part of the chest, stands jointly attributed to accused Ghulam Tahir and Waheed Ali. Both the Injuries (Nos.4 and 6) have been declared as Ghayr-Jaifah Hashimah, falling within the definition of section 337-F(v)
P.P.C.
4. After hearing learned counsel for the parties and perusing the record, it is observed that petitioners Muhammad Zahid and Waheed Ali Were arrested in this case on 28-4-2011 whereas Ghulam Tahir accused-petitioner was arrested on 12-5-2011. According to learned counsel for the complainant, the trial of the accused is still at a nascent stage as learned trial court has just summoned the accused placed in Column No,2 of the challan, on an application moved by the complainant. The I.O. Opined after culmination of investigation that accused Ghulam Tahir remained present at the place of occurrence empty handed and did not cause any injury to the above said injured. The petitioners Muhammad Zahid and Waheed Ali have been languishing in jail for a period exceeding one year and incarceration of Ghulam Tahir accused is also getting closer to period of one year with the passage of each day in jail. None of the B offences; the petitioners are charged with, falls within the ambit of prohibition of section 497(1), Cr.P.0 . The probability regarding conclusion of the trial in foreseeable future is bleak. No useful purpose would be served to keep the petitioners behind the bars for an indefinite period of time. Therefore, I accept this application and admit the petitioner to post arrest bail subject to furnishing bail bonds in the sum of Rs,1,00,000 each with one surety each in the like amount to the satisfaction of learned trial Court.