This criminal petition arose from the refusal of post-arrest bail by the Lahore High Court in a case involving Section 489-F of the Pakistan Penal Code. The core legal question was whether the petitioner was entitled to bail given that the alleged offence falls outside the prohibitory clause of Section 497 of the Code of Criminal Procedure and the petitioner had been in custody since September 2020. The Supreme Court observed that the maximum punishment for the offence is three years and noted that the petitioner had already secured bail in other pending cases. Consequently, the Court converted the petition into an appeal and granted bail, emphasizing that the trial had remained pending since 2017 despite previous High Court directions. The Court laid down the principle that for offences not falling within the prohibitory clause, bail is generally a rule and its refusal an exception, while also directing the trial court to conclude proceedings within a specific timeframe and authorizing the recall of bail if the concession is misused or the trial is delayed by the accused.
MANZOOR AHMAD MALIK, J.---Petitioner has called in question the order dated 18.02.2021 whereby bail was refused to him by the learned Lahore High Court, Lahore in case FIR No.74 dated 09.02.2017, offence under section 489-F , P.P.C., registered at Police Station Old Anarkali, Lahore.
2. After hearing the learned counsel for the parties at length and perusal of available record, it has been observed by us that offence alleged against the petitioner falls outside the prohibitory clause of section 497, Code of Criminal Procedure, maximum punishment whereof is three years. Learned Additional Prosecutor General has confirmed under instructions that petitioner was arrested in this case on 22.09.2020. So far involvement of petitioner in other cases is concerned, learned counsel for the petitioner states that in three cases he has been allowed bail, which fact has not been disputed by the learned counsel for the complainant and learned Additional Prosecutor General.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The appellant Sheikh Abdul Raheem is allowe d bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.500,000/- (five hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.
4. This case was registered in the year 2017 and challan has already been submi tted but the trial of the case has not been concluded so far, despite a direction issued by the learned High Curt. Therefore, the learned trial court seized of the matter is directed to expedi te the proceedings of trial and ensure its conclusion positively by the end of June, 2021. It is made clear that if the concession of bail is misused by the appellant or any delay in the conclusion of trial is caused by him or anyone else acting on his behalf, the learned trial court shall be competent to recall the bail granted to him of course, after hearing the parties, strictly in accordance with law .