Pakistan Case Law
PLJ 2021 SC (Cr.C.) 123, 2020 SCMR 717

Muhammad Ramzan alias Jani vs The State and others

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CitationPLJ 2021 SC (Cr.C.) 123, 2020 SCMR 717
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 1319-L of 2019
Date2020-03-05
Judge(s)Amin-Ud-Din Khan, Syed Mansoor Ali Shah, Manzoor Ahmad Malik
ResultBail granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This criminal petition for leave to appeal arises from the Lahore High Court's order refusing post-arrest bail to the petitioner in a case registered under sections 337-F(v), 337-L(2), and 34 of the Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether the petitioner was entitled to the concession of bail given the nature of the alleged offences. Upon reviewing the record, the Supreme Court observed that the offences charged against the petitioner do not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. The Court held that in cases where the offence does not fall within the prohibitory clause, the grant of bail is the rule and refusal is an exception. Finding no extraordinary circumstances to justify the denial of bail, the Supreme Court converted the petition into an appeal, allowed the same, and granted post-arrest bail to the petitioner subject to the furnishing of bail bonds to the satisfaction of the trial court.

Questions settled in this judgment
  • Is the grant of bail the rule and refusal an exception for offences falling outside the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
  • Does the absence of extraordinary circumstances warrant the grant of bail when an offence is outside the prohibitory clause?
Laws & provisions referred
  • Section 337-F(v), Pakistan Penal Code 1860
  • Section 337-L(2), Pakistan Penal Code 1860
  • Section 34, Pakistan Penal Code 1860
  • Section 497, Code of Criminal Procedure 1898
post-arrest bailprohibitory clausecriminal appealbail as ruleconcession of bail

ORDER

MANZOOR AHMAD MALIK, J.---Petitioner seeks leave to appeal again st the order dated 07.10.2019, whereby post-arrest bail was refused to him by the learned Lahore High Court, Lahore in case FIR No.01 dated 01.01.2018, offence under sections 337-F(v), 337-L(2), 34, P .P.C., registered at Police Station Mandi Usmanwala District Kasur .

2. After hearing the learned counsel for the petitioner and learned Additional Prosecutor General at length and perusal of available record, it has been observed by us that the offence alleged against the petition falls outside the prohibitory clause of section 497, Code of Criminal Procedure. Grant of bail in such like cased is a rule and refusal an exception. No extraordinary circumstances are available on record for refusing bail in the petitioner .

3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The appellant Muhammad Raman alias Jani is allowed bail (in the instant FIR) subject to 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 21 cases

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