Najeeb Ullah vs The State and another
The petitioner sought leave to appeal against the order of the Lahore High Court refusing him post-arrest bail in case FIR No. 289 dated 30.08.2019 under sections 324, 334, 34, 337-A(ii), and 337-F(v) of the Pakistan Penal Code 1860, registered at Police Station Jandanwala, District Bhakkar. The core legal question was whether the petitioner's case warranted the grant of post-arrest bail under the principle of further inquiry. The Supreme Court observed that according to successive police investigations, the petitioner was found to be empty-handed and did not cause any injury, and nothing was recovered from him during the investigation. Holding that the petitioner had been behind bars since 14.11.2019 and his case fell within the ambit of section 497(2) of the Code of Criminal Procedure 1898 as calling for further inquiry, the Supreme Court converted the petition into an appeal, allowed it, and granted bail to the appellant subject to furnishing appropriate bail bonds.
- Does a case where police investigations conclude that the accused was empty-handed and caused no injury fall within the scope of further inquiry for bail?
- Is an accused entitled to post-arrest bail under section 497(2) of the Code of Criminal Procedure 1898 when nothing is recovered from him and he has been behind bars for a significant period?
- Section 324, Pakistan Penal Code 1860
- Section 334, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
MANZOOR AHMAD MALIK, J.---Petitioner seeks leave to appeal against the order dated 20.04.2020, whereby bail was refused to him by the learned Lahore High Court, Lahore in case FIR No.289 dated 30.08.2019, offence under sections 324, 334, 34, 337-A(ii), 337-F(v), P.P.C., registered at Police Station Jandanwala, District Bhakkar.
2. After hearing the learned counsel for the parties and learned Additional Prosecutor General, Punjab at length and perusal of available record, it has been observed by us that as per: contents of the FIR, the petitioner made a fire with his 30 bore pistol hitting on the right knee of the complainant. Learned Additional Prosecutor General under instructions of the police officer present with record has stated that during two successive investigations, it was concluded by the police that though petitioner was present at the spot but he was empty handed and he did not cause any injury to anybody. Nothing was recovered from the petitioner during the course of investigation. He is behind the bars since 14.11.2019. In these circumstances, petitioner's case calls for further inquiry falling within the ambit of section 497(2), Code of Criminal Procedure.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed.
The appellant Najeeb Ullah 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 4 cases
- Junaid Versus State 2026 MLD 97
- Muhammad Waqas Versus State 2025 MLD 1987
- Muhammad Saleem Versus State 2025 YLR 731
- Abdul Ghaffar vs The State and another 2025 YLR 789