Sajid Hussain vs State etc
This matter arises from a post-arrest bail petition filed by the petitioner Sajid Hussain under Section 497 of the Code of Criminal Procedure 1898 in respect of F.I.R. No. 172 registered at Police Station Fateh Shah District Vehari for offences under Sections 337-F(v), 337-L(2) and 34 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to post-arrest bail given that the attributed injury fell outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that since the injury was on a non-vital part of the body, carried a maximum punishment not falling within the prohibitory clause, and the petitioner had no previous criminal record, the case fell within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The court established the principle that in offences not falling within the prohibitory clause, bail is the rule and refusal is the exception, particularly where the accused has no criminal record and investigation is complete.
- Whether post-arrest bail should be granted when an offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does an injury inflicted on a non-vital part of the body attracting Section 337-F(v) of the Pakistan Penal Code 1860 make a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can bail be refused to an accused who has no previous criminal record and whose case does not attract exceptions to the rule of bail?
- Section 497, Code of Criminal Procedure 1898
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Through this petition u/S. 497, Cr.P.C. the petitioner Sajid Hussain, seeks post-arrest bail in case F.I.R. No. 172 dated 06.05.2020 u/S. 337-F(v)/337-L(2)/34, PPC, registered at Police Station Fateh Shah District V ehari.
2. This crime report has been lodged by Mst. Zahooran Bibi complainant alleging therein that on 30.04.2020 at 04:00 pm the petitioner along with his co- accused assaulted the complainant, caused injuries to her and also outraged her modesty . The role attributed to the present petitioner is that in inflicted sota blow injury on the right arm of the complainant, which resulted into fracture.
3. Heard. Record perused.
4. It divulges from record that though the accused/petitioner is nominated in the crime report with the allegation of causing sota blow injury on the right arm of the complainant and the said injury is obviously on non-vital part of the body of the complainant/injured and attracts the provision of Section 337-F(v), PPC, which entails maximum punishment of five years and the same does not fall within the prohibitory clause of Section 497, Cr.P.C. and in such like cases bail is a rule and refusal is an exception as laid down by the Hon'ble Supreme Court in the case of Tariq Bashir v. The State (PLD 1995 SC 34). The exceptions mentioned in supra case, are not available in the present case as the petitioner has no previous criminal record. In view of the above, the-case of the petitioner has become as one of further inquiry as completed in sub-section (2), PPC of Section 497(2), Cr.P.C. The petitioner is behind the bars since his arrest and investigation to his extent is already complete. No useful purpose would be served by keeping the petitioner behind the bars.
6. Consequently , this petition is allowed and the petitioner Sajid Hussain is enlarged on bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.