SAJJAD HUSSAIN vs The STATE and another
This criminal petition arises from a request for post-arrest bail by the petitioner, Sajjad Hussain, who is accused in FIR No. 60 of 2015 for offences under sections 337-A(2), 337-A(i), 337-F(v), 337-L(ii), 334, 148, and 149 of the Pakistan Penal Code, 1860. The core legal question was whether the petitioner was entitled to bail given the nature of the injuries attributed to him and the statutory limitations on bail. The Court held that the specific injury attributed to the petitioner, falling under section 337-F(v) of the Pakistan Penal Code, 1860, carries a maximum sentence not exceeding five years and thus does not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure, 1898. Furthermore, the Court noted the existence of cross-versions of the incident, the petitioner's lack of a criminal record, and the fact that the trial's conclusion was not imminent. Consequently, the Court granted post-arrest bail, establishing the principle that where an offence does not fall within the prohibitory clause and the accused is not a hardened criminal, continued incarceration is not justified.
- Does an offence punishable with a maximum sentence of five years fall within the prohibitory clause of section 497 of the Code of Criminal Procedure, 1898?
- Is the absence of a previous criminal record a relevant factor in determining the grant of post-arrest bail?
- Should bail be granted when the trial is not likely to conclude in the near future and the accused is not required for further investigation?
- Section 337-A(2), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 334, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
SYED SHAHBAZ ALI RIZVI, J.---Through this petition, Sajjad Hussain the petitioner seeks post arrest bail in case FIR No,60 dated 04.02.2015 registered for offences under sections 337-A(2), 337-A(i), 337-F(v), 337-L(ii), 334, 148 & 149 of Pakistan Penal Code, 1860, at Police Station Khangarh, District Muzaffargarh.
2. Succinctly, the allegation against the petitioner as per story narrated in the crime report is that on 03.02.2015 at 07:00 a.m. He while armed with club along with his co-accused persons also equipped with different weapons caused injuries to the complainant's mother and others.
3. Arguments heard. Record perused.
4. The blunt weapon injury assigned to the present petitioner on right hand of injured Muhammad Ismail constitutes offence punishable under section 337-F(v) of Pakistan Penal Code, 1860 that carries maximum sentence of imprisonment exceeding up to five years, being so, does not fall within the prohibitory clause of Section 497 of The Code of Criminal Procedure, 1898. It is a case of two versions as the petitioner/accused side also sustained injuries at the hands of complainant party during the occurrence. Petitioner is having no previous criminal record and is behind the bars since his arrest on 26.10.2016 though not required for investigation purpose. Conclusion of trial is not in sight and keeping him incarcerated till indefinite period is not likely to serve any useful purpose.
Keeping in view the fact that the petitioner is not a desperate and hardened criminal as admitted by the learned Prosecutor during the arguments on the ground that the petitioner is having no previous criminal record and the offence alleged is not of heinous nature, this Court is of the opinion that ascension of the petitioner only is not a sufficient feature that could disentitle him to the grant of post arrest bail, in the circumstances of this case. Hence, the instant petition is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs,2,00,000/- with two sureties each in the like amount to the satisfaction of learned trial Court.