MUHAMMAD RAMZAN vs The STATE and another
This matter concerns a petition for post-arrest bail filed by the accused, Muhammad Ramzan, in relation to FIR No. 43/2015 registered at Police Station New Airport, Fateh Jang, for offences under sections 324, 337-F(ii), and 337-F(v) of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail after arrest given the nature of the injuries, the statutory classification of the offences, and the duration of his incarceration. The Court held that the applicability of section 324, Pakistan Penal Code 1860, required further inquiry as the injuries were inflicted on the complainant's legs, and the remaining offences did not fall within the prohibitory clause of section 497, Code of Criminal Procedure 1898. Furthermore, the Court noted the petitioner was a first-time offender, investigation was complete, and he had been incarcerated for over five months. The Court granted bail, establishing the principle that mere commencement of trial is insufficient grounds to refuse bail to an accused who is otherwise entitled to the concession, particularly when the case warrants further inquiry under section 497(2), Code of Criminal Procedure 1898.
- Does the commencement of a trial constitute sufficient grounds to refuse bail to an accused who is otherwise entitled to the concession?
- Do offences under sections 337-F(ii) and 337-F(v) of the Pakistan Penal Code 1860 fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Is an accused entitled to bail when the investigation is complete and the case requires further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
- Section 324, Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
ORDER
' ABDUL SAMI KHAN, J.-- Through this petition under section 497, Cr.P.C. The petitioner has sought bail after arrest in case FIR No,43/2015 dated 04.07.2015, registered at Police Station New Airport Fateh Jang, District Attock in respect of offences under sections 324, 337F(v), 337F(ii) P.P.C.
2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail after arrest and only tentative assessment is allowed at this stage, therefore, without going deeper into the facts of the case, it has been noticed that although the petitioner is named in FIR yet the fact remains that the injuries allegedly caused by the petitioner to the complainant are on his legs, so the attraction of offence under section 324, P.P.C. Against the present petitioner shall be determined by the learned trial court after recording evidence. So far as the offences under sections 337-F(ii) and 337F(v), P.P.C. Are concerned, the same do not fall within prohibitory clause of section 497, Cr.P.C. Admittedly the petitioner is previous non-convict and never involved in any other case. He was arrested in this case on 30.08.2015, now more than five and half months have passed but he is still behind the bars. Nobody can be kept in jail for indefinite period. Investigation of the case is complete and the petitioner is no more Required for further investigation, therefore, no useful purpose would be served by keeping him behind the bars. Mere commencement of trial is no ground to refusal bail to an accused, who otherwise becomes entitled to this concession.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs, 100,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial court.
4. Before parting with this order, it is deemed appropriate to clarify that the observations made hereinabove are tentative in nature and are strictly confined to the decision of this bail petition only.
Cited by 1 case
- SARDAR ALAM vs The STATE 2018 MLD 482