YASER REHAN vs The STATE and another
This is a post-arrest bail application filed by the petitioner, Yaser Rehan, involved in case F.I.R. No. 267 dated 20-7-2012 registered under section 336 of the Pakistan Penal Code 1860 at Police Station Kalakot. The core legal question was whether the petitioner, being a minor and student, was entitled to the concession of bail when the alleged offence did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. The Peshawar High Court accepted the application and held that the offence did not fall within the prohibitory clause, making the grant of bail a rule and refusal an exception. The court laid down the principle that minority is a strong ground for granting bail, as incarceration with hardened criminals would ruin a minor's character and educational career, and that bail should be granted when investigation is complete and the accused is no longer required for interrogation.
- Whether minority of an accused is a ground for granting bail in non-prohibitory offences?
- Does an offence under section 336 of the Pakistan Penal Code 1860 fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Is bail to be granted as a rule when an offence does not fall within the prohibitory clause?
- Can the potential spoiling of a juvenile's educational career and character in jail be considered for granting bail?
- Section 336, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Juvenile Justice System Ordinance, 2002
' ASSADULLAH KHAN CHAMKANI, J.---Yaser Rehan, has applied for bail after he failed to secure his such relief from the courts below, involved in case F.I.R. No, 267 dated 20-7-2012 under section 336, P.P.C., registered at Police Station Kalakot.
2. Facts of the case are that Muhammad Jamil lodged a report to police in a Casualty Room of Civil Hospital Matta that on 18-6-2012 at 1345 hours he was on the way to home, in the meanwhile, he found Yaser outside his shop, who on seeing him started abusing him and gave him a stick blow with which he received injury on his left eye, as such, the above referred F.I.R. Was registered.
3. Learned counsel for the petitioner argued that accused/ petitioner is innocent and has falsely been involved in the case. He argued that as per Medico-legal Report the eye-sight of the complainant has not been lost, therefore, the offence under section 336, P.P.C. Is not applicable in the present case. He further argued that the intention of the petitioner was not to inflict grievous injury and such question is to be resolved at the time of evidence of prosecution at trial, therefore, the case of the petitioner requires further probe into his guilt. He further pointed out that the petitioner is under age and is studying in Class 10th, therefore, the he is also deserved to be extended with the concession of bail under the Juvenile Justice System Ordinance, 2002.
4. As against this, learned counsel for complainant and learned DAG appearing on behalf of the State argued that the accused/petitioner is directly charged by the complainant for inflicting grievous injury to him and his version has fully been supported by the Medico-legal as well as other material available on the file, therefore, at this stage of the case, he is not entitled to the concession of bail.
5. Arguments heard and record peruse4.
6. After hearing the learned counsel for the parties, it is disclosed A that the accused/petitioner Yaser Khan is minor and was aged about 16 years at the time of occurrence. In this respect a school certificate is annexed which is reproduced as under:-- "Certified that Mr. Yasar Khan son of Muhammad Ishaq is the regular student of GHS Sakhra class 10th. His date of birth is 28-5-1996 and date of admission is 8.4.12 and the S.No, is 2258"
' Moreover, the offence allegedly committed by the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. And in such like cases grant of bail is a rule and refusal thereof is an exception.
' Similarly, as per school certificate, the petitioner is the regular student of Class 10th and his stay in Jail with other hardened criminals would spoil his character. Besides that, his education career would also be badly affected inside the Jail. Minority shall be a good ground for granting bail even in cases carry capital punishment. Furthermore, investigation in the case is complete and the petitioner is no more required for further investigation/interrogation.
7. Resultantly, this application is accepted and the petitioner is released on bail in case he furnishes bail bonds in the sum of Rs,1,00,000 (one lac) with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.