Shoaib Aslam vs State and another
This petition for post-arrest bail arises from FIR No. 389 dated 18.04.2020, involving offences under Sections 337-F(v), 337-A(ii), 337-A(i), 337-F(i), 337-L(2), 147, and 149 of the Pakistan Penal Code 1860, registered at Police Station Saddar, District Sialkot. The petitioner was accused of attacking the complainant party with co-accused, specifically causing an injury to the right foot of the injured with a brick. The core legal question was whether the petitioner was entitled to bail given the nature of the alleged injury and the statutory punishment prescribed. The Court observed that the injury attributed to the petitioner fell under Section 337-F(v), which carries a maximum punishment of five years, thereby excluding it from the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Additionally, the Court noted a four-day delay in reporting the incident and that the petitioner was no longer required for investigation. Consequently, the Court held that the case warranted further inquiry and granted post-arrest bail, emphasizing that the petitioner's continued incarceration would serve no useful purpose.
- Does an offence punishable with a maximum of five years imprisonment fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is a delay in reporting an incident to the police a relevant factor for the grant of post-arrest bail?
- When can a case be considered to fall within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Shoaib Aslam, petitioner seeks post arres t bail in case FIR No. 389 dated 18.04.2020, offence under Sections 337- F(v), 337-A(ii), 337- A(i), 337-F(i), 337-L(2), 147 and 149, PPC, registered at Police Station Saddar , District Sialkot
2. Precisely the allegation against the petitioner is that he along with his co-accused while armed with their respective weapons attacked upon the complainant party and caused them injuries.
3. Heard. Record perused.
4. There is a delay of about four days in reporting the matter to the police without there being any satisfactory explanation. As per contents of FIR the allegation against the petitioner is that he caused injury with brick on right feet of Ghulam Fiza, injured which is non-vital part of her body . As apprised by learned Law Officer, the injury allegedly attributed to the petitioner has been declared under Section 337-F(v ), PPC, maximum punishment whereof is five years which does not fall within the prohibitory clause of Sectio n 497, Cr.P.C. The petitioner is behind the bars since 24.02.2021 and no more required for the purpose of investigation. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period.
5. Considering all these circumstances, case of the petitioner calls for further inquiry within the ambit of sub-section
(2) of Section 497, Code of Criminal Procedure. This petition is, therefore, allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfactio n of learned trial Court. Before parting with this order , it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial Court in any manner , whatsoever .