Muhammad Usman vs State & another
The petitioner sought pre-arrest bail in case F.I.R No. 35/2021 registered under Sections 320 (later converted to 322), 279, and 427 of the Pakistan Penal Code 1860 at Police Station Jaleel-Abad, Multan, on allegations of committing qatl-bis-sabab through rash and negligent driving. The core legal question was whether the petitioner was entitled to pre-arrest bail given the nature of the offences and his cooperation with the investigation. The Lahore High Court held that offences under Sections 279 and 427 of the Pakistan Penal Code 1860 are bailable, the punishment for qatl-bis-sabab under Section 322 entails 'Diyat' only with confinement restricted to default in payment, and since the petitioner had joined the investigation and was no longer required, further incarceration would amount to pre-trial punishment. The court confirmed the pre-arrest bail subject to furnishing fresh bail bonds. The key principle laid down is that where an accused under Section 322 of the Pakistan Penal Code 1860 has joined the investigation and is not required, and incarceration serves no purpose other than pre-trial punishment, pre-arrest bail is appropriately confirmed.
- Whether offences under Sections 279 and 427 of the Pakistan Penal Code 1860 are bailable according to the Code of Criminal Procedure, 1898?
- What is the nature of punishment provided for qatl-bis-sabab under Section 322 of the Pakistan Penal Code 1860?
- Does incarceration during trial serve as pre-trial punishment when an accused is no longer required for investigation?
- Under what conditions should pre-arrest bail be confirmed for an accused charged under Section 322 of the Pakistan Penal Code 1860?
- Section 279, Pakistan Penal Code 1860
- Section 320, Pakistan Penal Code 1860
- Section 322, Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Code of Criminal Procedure 1898
ORDER
Having been booked in case F.I.R No. 35/2021 dated 20.01.2021, offence under Sections 320 (converted into Section 322), 279, 427, PPC, registered at Police Station Jaleel-Abad, Multan, with the accusation of committing qatl-bis-sabab of Muhammad Yasin (son of the complainant) by rash and negligent driving and colliding the car being driven by him with the motorcycle on which the aforesaid victim was riding, the petitioner seeks pre-arrest bail from this Court on the ground of his false implication in the case alleg edly prompted by motivational considerations of the complainant.
2. Heard. Record perused.
3. According to Schedule-II of the Code of Criminal Procedure, 1898, offences under Sections 279 and 427, PPC are bailable in their nature. Punishment for qatl-bis-sabab provided under Sectio n 322, PPC is 'Diyat' only. If an accused charged under Section 322, PPC, upon pleading his guilty or his trial, is convicted accordingly , he can only be kept in confinement in case he commits default in the payment of Diyat amount. The petitioner has already joined the investigation and the Investigating Officer present in the Court concedes that he is no more required for the purpose of investigation. As such, incarceration of the petitioner during trial would amount to his punishment before conviction and sending him behind the bars is not justified. Therefore, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioner by this Court vide order dated 08.04.2021 is confirmed subject to his furnishing of fresh bail bond in the sum of Rs. 100,000/-(Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court/Area Magistrate.
Cited by 1 case
- Abdul Sattar vs The State and another 2023 LHC 5667