Muhammad Sibtain alias Pappy vs State and another
This petition was filed by Muhammad Sibtain alias Pappy seeking post-arrest bail in a case registered under Sections 324, 337-D, and 109 of the Pakistan Penal Code 1860 at Police Station Harnoli, District Mianwali. The petitioner was specifically accused of firing a .30-bore pistol at the complainant's father, perforating the victim's small intestine within the abdominal cavity. The primary legal issue before the Lahore High Court was whether the accused was entitled to post-arrest bail where the alleged offence constituted 'Jaifah' punishable under Section 337-D of the Pakistan Penal Code 1860, and whether delay in trial could be attributed to the prosecution. The High Court dismissed the bail petition, holding that the injury constituted 'Jurh Jaifah' under Section 337-D of the Pakistan Penal Code 1860, which falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Furthermore, the crime report was supported by medical evidence and witness statements, and the trial's delay was primarily caused by the petitioner's failure to engage private counsel for cross-examination.
- Whether an offence punishable under Section 337-D of the Pakistan Penal Code 1860 falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Can an accused claim bail on the ground of trial delay when such delay is occasioned by the accused's own failure to engage counsel for cross-examining witnesses?
- Whether post-arrest bail can be denied where ocular account and medico-legal evidence prima facie establish an injury amounting to Jurh Jaifah?
- Section 324, Pakistan Penal Code 1860
- Section 337-D, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Through this petition, Muhammad Sibtain alias Pappy petitioner seeks post arrest bail in case FIR No. 186 dated 28.08.2019 registered for offences under Sections 324, 337-D & 109 of Pakistan Penal Code, 1860, at Police Station Harnoli, District Mianwali.
2. Allegation against the petitioner is that on 28.08.2019 at about 05:15 p.m. he while armed with .30-bore pistol caused fire-arm injury to the complainant's father Sher Muhammad.
3. Arguments heard. Record perused.
4. The petitioner as per crime report, caused a fire-arm injury that being 'Jurh Jaifah' constitutes offence punishable under Section 337-D of Pakistan Penal Code, 1860, which falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898. Small intestine of the injured Sher Muhammad was perforated in his abdominal cavity . Statements of witnesses including the injured witness and the medical evidence available in the form of medico legal examination certificate of the injured prima-facie, support the narration of crime report. Argument 'furnished by learned counsel appearing on behalf of complainant to the effect that the petitioner has not yet engaged a private learned counsel to cross examine the witnesses, incessantly available before the learned trial Court for the purpose of their evidence, remains unrebutted. This prima-facie, transpires that delay in conclusion of trial is also being occasioned because of the petitioner/accused. Complainant also undertakes to ensure the availability of all the private witnesses before the learned trial Court even in future. In this view of the matter , I am not inclined to grant post arrest bail to the petitioner hence, this petition is dismissed.