Sabir vs The State
This matter concerns a pre-arrest bail application filed by the applicant, Sabir, in relation to FIR No. 322/2021, involving allegations of house trespass, assault, and intimidation. The core legal question was whether the applicant was entitled to pre-arrest bail given the nature of the injuries sustained by the complainant, the non-prohibitory nature of the offenses charged, and the existence of a prior civil dispute regarding property ownership. The Court held that the case required further inquiry within the meaning of Section 497(2) of the Code of Criminal Procedure 1898, noting that the injuries were on non-vital parts of the body, no weapons were used by the applicant, and the offenses charged did not fall within the prohibitory clause of Section 497. Consequently, the Court confirmed the interim bail. The key principle laid down is that where the alleged offenses do not fall within the prohibitory clause and the case requires further inquiry, the grant of bail is appropriate, provided the applicant does not misuse the concession or tamper with evidence.
- Whether a case requires further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 when the alleged injuries are on non-vital parts of the body and no weapon was used?
- Is an accused entitled to bail when the offenses charged do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Can a trial court take action against an accused or their surety under Section 514 of the Code of Criminal Procedure 1898 if the concession of bail is misused?
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 506-B, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 514, Code of Criminal Procedure 1898
ORDER
1. MUHAMMAD SALEEM JESSAR, J.---Through this application, applicant Sabir seeks his admission on pre-arrest bail in Crime No. 322/2021 of Police Station Shah Lateef Town, Karachi, under Sections 147/148/ 149/ 452/ 337-H(ii)/ 337-F(i)/506-B, P.P.C. The bail plea preferred by the applicant before first forum was declined by means of order dated 17.03.2021, hence this bail application.
2. The crux of the prosecution case as unfolded by the complainant in his FIR are to the effect on the night falling between 27th and 28th February, 2021, he heard knocking of the door at 01:30 A.M. and in respect to that he saw Sabir (the applicant) along with 4/5 persons was standing, who by pushing him (the complainant) entered into his house and started beating to him; meanwhile, extended threats/intimidations for causing his murder as well as his family. Later, all the accused decamped from the scene on their motorcycles by making fires in the area. The complainant called 15 helpline and then lodged the FIR against applicant and others; besides, produced two empty shells of .30 bore. The motive behind the incident is over dispute over ownership of the house.
3. The complainant, inspite of notice, has chosen to remain absent.
4. Learned counsel for the applicant submits that applicant has got enmity with the complainant over the issue of house which being civil dispute the complainant has dragged the applicant in criminal proceedings, aims to exert illegal pressure upon him. Next submits that all the injuries as alleged, are on non-vital part of the body of complainant; besides, the punishment provided by the law for the sections applied under the FIR does not exceed limits of prohibitory clause of section 497, Cr.P.C. He, therefore, submits that case against applicant requires further inquiry and prays for grant of bail as well as application.
5. Learned Addl. P.G, Sindh appearing for the State, opposes the bail application.
6. Heard arguments and perused record. Admittedly, the role attributed to the applicant is that he allegedly caused kicks and fists blows to the complainant and no weapon was used in the quarrel/scuffle. Moreover, the injuries allegedly shown to have sustained by the complainant are on his non-vital parts of the body for which no medical evidence is brought on record. The punishment provided by the law for the sections applied under the FIR, does not exceed limits of prohibitory clause of section 497, Cr.P.C. Furthermore, case has been challaned which is now pending for trial before the Court of 4th Judicial Magistrate, Malir Karachi, where charge against him has also been framed.
7. In the circumstances and in view of dicta laid down in case of Dur Muhammad v. The State (1994 PCr.LJ 1769) as well as dicta laid down by the Hon'ble Supreme Court of Pakistan in case of Muhammad Tanveer v. The State and another (PLD 2017 SC 733) followed/recognized in an unreported case of lftikhar Ahmed v. The State, passed by Hon'ble Supreme Court of Pakistan under Criminal Petition No.529 of 2021 in terms of order dated 14.07.2021, case against applicants requires further inquiry within meaning of subsection (2) to section 497, Cr.P.C. Consequently, instant bail application is hereby allowed; interim bail granted earlier to applicant Sabir son of Meer Khan on 22.04.241 is hereby confirmed on same terms and conditions.
8. Before parting with this order; however, it is clarified that the reasoning given in this order are tentative in nature and will have no effect whatsoever in any manner upon the merits of the case.
9. Applicant present before the Court is directed to continue his appearance before the trial Court without negligence and in case he may misuse the concession or may tamper with the prosecution's evidence then the trial Court is competent to take legal action against him as well to his surety in terms of Section 514, Cr.P.C. Trial Court is also hereby directed to make necessary arrangements for securing attendance of the prosecution witnesses and conclude the trial within shortest possible time under intimation to this Court through MIT-II.
10. Let copy of this Order be communicated to trial Court through learned Sessions Judge, concerned.
11. Learned MIT-II to ensure compliance.