Amjad, etc. vs The State, etc.
This matter concerns a petition for post-arrest bail filed by the petitioners in relation to F.I.R. No. 90, registered under Sections 337-A(ii)/34 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to the grant of bail given the nature of the offence and the circumstances of their arrest. The Supreme Court observed that the maximum punishment for the alleged offence is five years, meaning it does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Furthermore, the Court noted that the police failed to make any significant effort to arrest the petitioners during the thirteen-month period between the occurrence of the offence and their eventual arrest. Consequently, the Court held that the petitioners were entitled to bail. The principle laid down is that where an offence does not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898, and there is a lack of diligent effort by the police to effect an arrest, the court is inclined to grant bail.
- Does an offence punishable with a maximum of five years imprisonment fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is the failure of the police to make serious efforts to arrest an accused a relevant factor in granting bail?
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
JAWWAD S. KHAWAJA, J. --- The petitioners seek bail in case F.I.R. No. 90, dated 6.6.2012 registered under Sections 337-A(ii)/34, P.P.C. At Police Station, Jhawarian District Sargodha.
2. It is stated that the maximum punishment in the case even if the contents of the F.I.R. Are accepted as true, is 5 years. The petitioners have already been behind bars since 4.7.2013. It is stated by the learned Additional Prosecutor General that the petitioners remained unabsconder.
Prima facie, it appears that the police did not make any serious effort to arrest the petitioners during the thirteen months' period between the date of occurrence and the date of arrest. Since the offence does not fall within the prohibitory clause of Section 497, Cr.P.C. And there is nothing on record that any worthwhile effort was made to arrest the two petitioners, we are inclined to grant bail to the petitioners on furnishing bail bonds in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of the learned Trial Court. The petition is converted into appeal and the same is allowed.