MUHAMMAD ZUBAIR vs STATE and anothers
This petition for post-arrest bail arises from FIR No. 36 registered under Sections 324, 337-F(v), and 34 of the Pakistan Penal Code 1860, concerning allegations that the petitioner caused injuries to the complainant. The core legal question was whether the petitioner was entitled to bail given the specific nature of the injuries and the statutory provisions involved. The Court held that because the injury was declared as Ghayr-jaifah hashimah, which carries a maximum punishment of five years, the offense does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Furthermore, the Court noted the injury was to a non-vital part of the body, was not life-threatening, and the petitioner did not repeat the act. Consequently, the Court found the case fell under the category of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. Emphasizing that the petitioner had been incarcerated for a significant period without trial progress, the Court granted bail, establishing that non-prohibitory offenses involving non-vital injuries warrant bail pending trial.
- Does an offense punishable by five years imprisonment fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Can bail be granted when the injury caused is to a non-vital part of the body and not declared dangerous to life?
- Does the lack of progress in a trial justify the grant of bail for an accused in custody?
- Section 324, Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Petitioner Muhammad Zubair by way of this petition has prayed for grant of post arrest bail in case FIR No, 36 registered under Section 324, 337-F(v), 34, PPC with Police Station Sadder, Bahawalpur, on 3.2.2013.
2. Precisely the allegation against petitioner, as per the FIR, is that on 3.2.2013, he alongwith his other co-accused having respective weapons caused injury to the complainant.
3. After hearing the learned counsel for the parties and perusing the record, I find that though the petitioner is nominated in the FIR with specific allegation of causing injury to the complainant hitting at his right thigh, which was later on declared as Ghayr-jaifah hashimah attracting the provisions of 337-F(v), PPC, punishable for five years and as such, the same does not fall within the prohibitory clause of Section 497, Cr.P.C. Further the said injury is on non-vital part of the body and has not been declared dangerous to life. Moreover, the petitioner has not repeated fire shot at injured person. In these circumstances, the questions of authenticity of the allegation against the petitioner and that of intention to kill will be determined by the learned trial Court after recording the evidence of the parties and till then, the case of the petitioner is covered under Section 497 (2), Cr.P.C. Calling for further inquiry into his guilt.
4. Statedly the petitioner is behind the bars since 9.4.2014 without any progress in the trial and as such, he cannot be detained in jail for an indefinite period which, even otherwise, would not serve any useful purpose to the prosecution.
5. I, therefore, accept this petition and allow bail to the petitioner subject to his furnishing bail bonds in the sum of Rs,2,00,000/- (Rupees two lacs only) with one surety in the like amount to the satisfaction of the learned trial Court.
6. It is clarified here that the above observations are tentative in nature and only meant for disposal of the matter in hand. These shall have no bearing at all on anybody's case at trial.
(A.S) .