Ahsan Nawaz and another vs The State, etc
The petitioners challenged an order of the Lahore High Court refusing them post-arrest bail in a criminal case involving allegations of assault with iron rods, registered under various sections of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to the concession of bail after arrest given the nature of the alleged offences. Upon review, the Supreme Court observed that the offences charged did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The Court held that in cases where the offences are outside the prohibitory clause, the grant of bail is the rule and refusal is the exception. Finding no exceptional circumstances to warrant continued incarceration, the Court converted the petition into an appeal, allowed the same, and granted bail to the petitioners subject to the furnishing of bail bonds to the satisfaction of the trial court. This judgment reaffirms the principle that bail is a right rather than a privilege in non-prohibitory offences absent exceptional circumstances.
- Is the grant of bail the rule and refusal the exception in cases involving offences outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does an offence not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 entitle an accused to bail as a matter of course?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 440, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
MANZOOR AHMAD MALIK, J. --- Ahsan Nawaz and Nausherwan petitioners have impugned the order dated 16.05.2018, whereby concession of bail after arrest was refused to them by the learned Lahore High Court, Lahore, in case F.I.R. No, 440/2017 dated 07.12.2017 offence under Sections 337- F(v), 337-F(vi), 337-L(ii), 337-H(ii), 440, 109, 148 and 149, PPC registered at Police Station Phullarwan District Sargodha.
2. Precise allegation against the petitioners, as per FIR, is that on the fateful day and time, they alongwith their co-accused while armed with iron rods assaulted the son of the complainant namely Muhammad Asim and belaboured him. It was alleged in the F.I.R. that both the petitioners inflicted rod blows on the shin of right leg of the injured. Moreover, Nausherwan petitioner was attributed an injury on the right ankle of the injured.
3. After hearing the learned counsel for the petitioners, learned Additional Prosecutor General assisted by the learned counsel for the complainant and perusal of available record, it has been observed by us that the offences alleged in the F.I.R. are outside the prohibitory clause of Section 497, Code of Criminal Procedure. Grant of bail in such-like cases is a rule and its refusal is an exception. No exceptional circumstances are available in this case. Therefore, this petition is converted into an appeal and the same is allowed. Ahsan Nawaz and Nausherwan appellants are allowed bail after arrest subject to their furnishing bail bonds in the sum of Rs, 100,000/- (rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of learned Trial Court.