MUJAHID ALI alias MAJNO vs STATE etc.
This petition for post-arrest bail arises from a criminal case registered under various sections of the Pakistan Penal Code 1860, including Section 302, regarding an occurrence where the petitioner was alleged to have caused a fracture to the complainant's arm. The core legal question was whether the petitioner, having been in judicial custody for over two years without the trial concluding, was entitled to bail on statutory grounds, particularly given that the specific injury attributed to him did not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898. The Court held that the petitioner was entitled to bail, noting the significant delay in the trial process, which was not attributable to the petitioner, and the fact that a co-accused with similar allegations had already been granted bail. The key principle laid down is that an accused cannot be incarcerated for an indefinite period pending trial when the delay is not of their own making, especially where the alleged offense does not fall within the prohibitory clause of the relevant bail statute.
- Is an accused entitled to bail on statutory grounds when the trial has been delayed for over two years without fault on their part?
- Does an offense 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 an accused be kept in jail for an indefinite period pending the conclusion of a trial?
- Section 109, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Through this petition Mujahid alias Majno, petitioner seeks his post arrest bail in a case registered against him vide F.I.R No, 122/2013, dated 25.3.2013, offence under Sections 109, 302, 324, 452, 337- F(v), 337-F(vi), 337-A(i), 337-L(ii), 148, 149, PPC registered at Police Station Alpa, District Multan.
2. Previously, the petitioner applied for his post arrest bail before this Court Crl. Misc. No, 3582- B/2013 which was dismissed as withdrawn vide order fisted 29.08.2013. Thereafter, he filed Crl. Misc.
No, 3790-B/2014 which was dismissed as withdrawn to file a fresh one on statutory ground vide order dated 22.01.2015. Now he has moved the instant petition on the statutory ground.
3. The allegation against the petitioner is that during the occurrence due to sota blow given by him the arm of Ali Muhammad got fractured.
4. On 15.07.2015 the petition was fixed for hearing but due to written request for adjournment by thee learned counsel for the complainant that he is in Eitikaf, the case was adjourned with the direction to the complainant to arrange for his counsel for today. Today, Mr. Tanveer Haider Buzdar, Advocate has put appearance on behalf of the learned counsel for the complainant and again requested for adjournment which is declined in the interest of justice and the case is being decided after hearing the arguments from the petitioner's side and the learned DPG.
5. Arguments heard. Record perused.
6. The record shows that the petitioner was arrested on 08.04.2013 and after completion of investigation has been sent to judicial lock up and since then two year and three months have elapsed. The allegation against the petitioner is that he made sota blow on the arm of All Muhammad which resulted into fracture of his arm and that injury falls under Section 337-F(v), PPC which does not fall within the prohibitory clause of Section 497, Cr.P.C. He did not repeat the blow.
He has not caused any injury to the deceased. Although the challan has been submitted in this case yet there is no progress in the trial, therefore, the petitioner cannot be kept in jail for an indefinite period. Co-accused Muhammad Hashim who was attributed fire-arm injury at the ankle of Shaban and butt blow on the right shoulder of Mst. Razia Mai, has since been allowed post arrest bail by this Court vide order dated 06.11.2014. Since two years and three months have elapsed but the trial has not been concluded and the delay is not attributed to the petitioner, therefore, this petition is allowed on statutory ground and petitioner Mujahid Ali alias Majno is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 200,000/-(Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.
6. The observations referred above are tentative in nature and shall not prejudice the trial of the case.