Dr. Abdur Rauf vs The State through D.A.G.
This petition for leave to appeal was filed against the Peshawar High Court's order dated 11.03.2019, which refused post-arrest bail to the petitioner in a case involving allegations of cheating and forgery. The core legal question was whether the petitioner was entitled to bail given the nature of the offences and the duration of his incarceration. The Supreme Court observed that the offences under sections 419, 420, 468, and 471 of the PPC do not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure. The Court noted that the petitioner had been in custody since January 2019 and that no further recovery was required from him. Consequently, the Court held that in cases where the offences fall outside the prohibitory clause, the grant of bail is the rule and refusal is an exception. The petition was converted into an appeal, and the petitioner was granted bail subject to furnishing a bail bond of Rs. 100,000 with one surety.
- Whether offences under sections 419, 420, 468, and 471 of the PPC fall within the prohibitory clause of section 497 Cr.P.C.?
- Is the grant of bail considered a rule or an exception for offences that fall outside the prohibitory clause of section 497 Cr.P.C.?
- Can bail be granted when a petitioner has been in custody for several months and no further recovery is required?
- section 419 P.P.C.
- section 420 P.P.C.
- section 468 P.P.C.
- section 471 P.P.C.
- section 497, Code of Criminal Procedure
ORDER
MANZOOR AHMAD MALIK, J.---Impugned herein is the order dated 11.03.2019, whereby bail was refused to the petitioner by the learned Peshawar High Court, Peshawar in case FIR No.12 dated 24.01.2019, offence under sections 419, 420, 468, 471, P.P.C., registered at Police Station FIA/ACC, Peshawar.
2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that the offences alleged against the petitioner fall outside the prohibitory clause of section 497, Code of Criminal Procedure. The petitioner is behind the bars since 21.01.2019 and nothing is to be recovered from him. In such like cases, grant of bail is a rule and refusal an exception.
3. For the foregoing, the instant petition is converted into an appeal and the same is hereby allowed. The appellant-Dr. Abdur Rauf is allowed bail (in the instant FIR) subject his furnishing bail bond in the sum of Rs.100,000/- (one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.
Cited by 14 cases
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- Muhammad Zahid vs The State and another 2021 LHC 4378
- MUHAMMAD ZAHID Versus State 2021 YLR 1959
- Masood Jillani etc vs State and another 2022 P Cr.L J 26, PLJ 2021 Cr.C. 1737
- Manzoor Khan and another vs State and another PLJ 2021 Cr.C. 1129, 2022 YLR 2064
- Mohammad Mashkoor Khan vs The State & another 2021 IHC 14
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