Muhammad Khalid vs The State And Another
This matter arises from a post-arrest bail petition filed by Muhammad Khalid in connection with F.I.R. No. 65 registered at Police Station Kakrali, District Gujrat. The core legal question concerns the entitlement of the accused to post-arrest bail where major offenses were deleted during investigation, remaining offenses are either bailable or debatable, the challan has been submitted, and the trial has not yet commenced resulting in prolonged incarceration. The Lahore High Court accepted the petition and held that the petitioner is entitled to bail, noting the deletion of major charges, the bailable nature of the remaining active offenses, and the likelihood of delay in the conclusion of the trial. The key principle laid down is that protracted incarceration without commencement of trial, combined with the reduction of non-bailable offenses to bailable or debatable ones during investigation, constitutes sufficient grounds for the grant of post-arrest bail.
- Whether post-arrest bail should be granted when offenses carrying a prohibitory clause are deleted during investigation and remaining offenses are bailable?
- Does protracted incarceration without commencement of trial constitute sufficient ground for the grant of bail?
- Whether the deletion of major sections from the FIR during police investigation alters the entitlement of an accused to bail?
- Section 365, Pakistan Penal Code 1860
- Section 337-A(iv), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-F(iv), Pakistan Penal Code 1860
ORDER IBAD-UR-REHMAN LODHI, J. - The petitioner, namely, Muhammad Khalid, seeks his post- arrest bail in a case registered vide F.I.R. No. 65, dated .24.03.2012, under Sections 365, 337-A(iv), 337-F(i), 337-L(2), 148, 149 of P.P.C., at Police Station, Kakrali, District Gujrat.
2. According to the prosecution, in view of daily diary No. 10, dated 05:04.2012, offences under Sections 365, 148, 149 of P.P.C, were deleted from the F.I.R, and there remains Sections 337-F(iv), 337- F(i) and 337-L(2) of P.P.C. The offences under Sections 337-F(i) and 337-L(2) of P.P.C, are bailable, whereas, it is almost consensus of the parties that from the injury statement, no offence under- section 337-F(iv) of P.P.C, is made out. The petitioner is facing the tormentation of incarceration since 28.03.2012. The challan was reportedly submitted in the Court on 12.04.2012, but trial has not commenced. Keeping in view the pace of trial, early conclusion thereof is not in sight.
3. Resultantly, this petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (rupees one lac only) with one surety in the like amount to the satisfaction of the learned Trial Court.