MUHAMMAD RIAZ vs STATE and another
This petition for pre-arrest bail arises from FIR No. 274/2016 registered under Sections 337-F(v), 148, and 149 of the Pakistan Penal Code 1860, concerning an alleged assault involving a sota blow that resulted in a fracture. The core legal question was whether the petitioner was entitled to the confirmation of pre-arrest bail given the nature of the offence and the circumstances of the case. The Court observed that the offence charged did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Furthermore, the Court noted that the petitioner had already joined the investigation and that co-accused persons had previously been granted bail. Holding that incarceration at this stage would serve no useful purpose, the Court confirmed the ad-interim pre-arrest bail. The key principle laid down is that where an offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 and the accused has joined the investigation, pre-arrest bail is generally appropriate.
- Is an accused entitled to pre-arrest bail if the alleged offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does joining the investigation constitute a valid ground for the confirmation of pre-arrest bail?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
This petition has been moved by Muhammad Riaz accused in case FIR No, 274/2016 dated 30.08.2016 under Sections 337-F(v), 148, 149, PPC registered at Police Station Sultan-Pur District Vehari seeking pre-arrest bail.
2.Arguments heard and record perused.
3. Allegation against petitioner, according to FIR, is that he gave a blow with sota resulting in fracture of complainant's right arm. Along with petitioner, six co-accused were named in the FIR who were also given specific roles but medical evidence did not support charge to their extent, as such their ad-interim pre-arrest bail petition was confirmed by learned trial Court. Admittedly there is dispute between the parties over possession of agricultural land. Offence with which petitioner is charged does not fall within prohibitory clause of Section 497, Cr.P.C. Petitioner has already joined investigation. Sending him behind the bars at this stage would serve no useful purpose. Therefore, petition in hand is allowed and ad-interim pre-arrest bail already granted to the petitioner by this Court is confirmed, subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of trial Court.