SAJJAD HUSSAIN vs The STATE and others
This petition for post-arrest bail arose from a case registered under Sections 334, 354, 148, and 149 of the Pakistan Penal Code 1860, where the petitioner was accused of biting off the complainant's right ear during an altercation. Although the petitioner was initially granted bail by the Additional Sessions Judge, the High Court recalled it upon a cancellation petition. The Supreme Court of Pakistan addressed whether the petitioner was entitled to post-arrest bail on the grounds of consistency and further inquiry. The Court observed that the petitioner's co-accused, who were armed with weapons and assigned specific roles of injuring the complainant, had already been enlarged on bail, whereas the petitioner was unarmed. Consequently, the Court held that the petitioner's case fell within the purview of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The Court emphasized that the grounds for granting bail are distinct from those for its cancellation, and reinstated the bail as the initial exercise of discretion was neither arbitrary nor capricious.
- Whether an unarmed accused who allegedly bit the complainant's ear can be granted bail under Section 497(2) of the Code of Criminal Procedure 1898 when armed co-accused have already been released on bail?
- Are the legal grounds for the grant of bail and the cancellation of bail distinct from one another?
- Can a High Court recall a bail order granted by a lower court if the lower court's exercise of discretion was not arbitrary or capricious?
- Section 334, Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' MANZOOR AHMAD MALIK, J.---Petitioner Sajjad Hussain is an accused in case FIR No, 182 of 2014 dated 09.07.2014, offence under sections 334, 354 148, 149, P.P.C., registered at Police Station Chuchak, District Okara. He was granted bail after arrest by the learned Additional Sessions Judge, vide order dated 10.12.2014. The complainant filed a petition for cancellation of to the petitioner before the learned High Court, which was allowed and to the petitioner by the learned Additional Sessions Judge was recalled. Hence this petition for grant of post-arrest bail by the petitioner.
2. After hearing the learned counsel for the petitioner, complainant present in person, learned Law Officer and perusing the available record, it has been noted by us that it has been alleged in the FIR that petitioner along with his co-accused intercepted the complainant and forced him to sign plain papers. On refusal by the complainant, the co-accused of the petitioner injured the complainant by using iron rod, axe and sota. Precise allegation against the petitioner, as per the FIR, is that while his co-accused caught hold of complainant, he bit off the right ear of the complainant. On Court query, it has been informed by the learned Additional Prosecutor General that co-accused of the petitioner, who have been assigned specific roles of injuring the complainant with different weapons, have already been enlarged on bail. The role assigned to the petitioner in the FIR is of biting the ear of the complainant. He was not shown to be armed with any weapon nor he used any weapon during the occurrence. In these circumstances, the case of the petitioner becomes one of further enquiry falling with the purview of section 497(2), Code of Criminal Procedure. Moreover, the grounds for the grant of bail and its cancellation are altogether different. The discretion exercised by the learned Additional Sessions Judge has not been found by us to be arbitrary or capricious.
3. For the foregoing reasons, this petition is converted into appeal and the same is allowed.
Consequently, petitioner Sajjad Hussain is admitted to post arrest bail subject to furnishing his bail bond in the sum of Rs, 100,000 (Rupees one hundred thousands only), with one surety in the like amount, to the satisfaction of the learned trial Court.