Sohail Ahmad vs The State, etc
This criminal petition, converted into an appeal, challenges the order of the Lahore High Court, Multan Bench, which had refused post-arrest bail to the petitioner in case FIR No. 168 dated 15.03.2015 registered under Section 406 of the Pakistan Penal Code 1860 at Police Station Muzaffarabad, District Multan. The core legal question was whether the petitioner was entitled to the concession of bail considering the period of incarceration already undergone and the fact that the offense did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The Supreme Court allowed the appeal and granted bail to the appellant, holding that since the accused had been in custody since 2015 without the conclusion of the trial and the offense did not fall within the prohibitory clause, the case warranted the grant of bail as a rule, given that refusal in such circumstances is an exception.
- Whether bail should be granted when an offense does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does prolonged incarceration without conclusion of trial entitle an accused to post-arrest bail?
- Is grant of bail the general rule in cases falling outside the prohibitory clause?
- Section 406, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
MANZOOR AHMAD MALIK, J.--- Impugned herein is the order dated 30.01.2019, whereby bail was refused to the petitioner by the learned Lahore High Court, Multan Bench, Multan in case FIR No. 168, dated 15.03.2015, offence under section 406, PPC, registered at P .S. Muzaf farabad, District Multan.
2. We have heard learned counsel for the petitioner , learned counsel for the compla inant as well as learned Deputy Prosecutor General at length and have perused the available record with their assistance.
3. Undisputedly petitioner was taken' into custody in this case on 21.05.2015 and so far trial has riot been concluded. Learned counsel' for the petitioner has stated at Bar that though petitioner is involved in a number of cases of similar nature, 'but in those cases either he has been granted bail or has been acquitted by the Concerned Courts. Case against the petitioner does not fall within the prohibitory clause of section 497, Code of Criminal Procedure. In such-like cases, grant of bail is a rule and refusal an exception.
4. For the foregoing, instant criminal petition is converted into an appeal and the same is hereby allowed. Appellant Sohail Ahmad is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs. 500,000/- (Rupees five hundred thousand) with one surety in the like amount, to the satisfaction of the trial Court.