Faheem Ullah Versus The State through P.G. Punjab and another

Criminal Petitions Nos. 1174 and 1202 of 2023, decided on 20th November, 2023.

Authored by Sardar Tariq Masood. Result: Bail granted.

Summary

This matter concerns two petitions for leave to appeal against the Peshawar High Court's orders declining post-arrest bail to the petitioners in separate criminal cases. The core legal question was whether the petitioners were entitled to bail in offences that fall outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The Supreme Court observed that in both cases, the offences charged under the Pakistan Penal Code 1860 were outside the prohibitory clause. Furthermore, the Court noted the existence of prior enmity between the parties, arising from a related murder case in which the petitioners' relatives were involved, suggesting potential mala fide or ulterior motives for the petitioners' implication. Given that the petitioners had been incarcerated since June 2023 without the conclusion of the trial, the Court held that the petitioners were entitled to the concession of bail. The petitions were converted into appeals and allowed, granting bail subject to the furnishing of bail bonds to the satisfaction of the trial Court.

Questions settled in this judgment

Are offences falling outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 generally bailable?
Does the existence of prior enmity between parties constitute a valid ground for granting post-arrest bail?
Can the prolonged incarceration of an accused without the conclusion of the trial justify the grant of bail?

Laws & provisions referred

post-arrest bailprohibitory clausecriminal proceduremala fide implicationenmitybail concession

ORDER

SARDAR TARIQ M ASOOD, J.

Criminal Petition No.1174/2023 Post-arrest bail was declined to the petitioner by the Peshawar High Court in case FIR No.691/2022 dated 21.07.2022, registered at Police Station Badber, District Peshawar, under sections 452, 427, 354 and 34 of the Pakistan Penal Code (P.P.C.) through the impugned order, hence this petition for leave to appeal.

2.After hearing learned counsel for the petitioner, we observed that all the offences mentioned in the FIR are out of prohibition contained in section 497 of the Code of Criminal Procedure (Cr.P.C.). According to learned counsel the petitioner was involved in this case for the reason that the wife of his cousin lodged case FIR No. 690/2022 dated 21.07.2022 in which one Saddique Ullah lost his life, against the close relative of Mst. Nusrat complainant of the present FIR. It is also contended by the learned counsel that mother of the petitioner is an eye-witness of the said murder case. So there is some enmity/reason for implication of the petitioner in the case in which the offences are out of prohibitory clause. The petitioner is behind the bars since 08.06.2023 and trial has not been concluded.

3.In view of above, this petition is converted into an appeal and allowed. The appellant is granted bail, subject to his furnishing bail bond of Rs.200,000/- (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the trial Court.

4.Criminal Petition No.1202/2023 Post-arrest bail was declined to the petitioner by the Peshawar High Court in case FIR No.693/2022 dated 21,07.2022, registered at Police Station Badber, District Peshawar, under sections 452, 427, 506, 148 and 149 of the Pakistan Penal Code (P.P.C.) through the impugned order, hence this petition for leave to appeal.

5.Heard the learned counsel for the petitioner and perused the record. We have observed that all the offences mentioned in the FIR are out of prohibitory clause contained in section 497 of the Code of Criminal Procedure (Cr.P.C.). The petitioner, according to learned counsel, was involved in this case for the reason that the wife of his cousin lodged case FIR No.690/2022 dated 21.07.2022 in which one Saddique Ullah lost his life, against the close relative of Hassan Taja complainant of the present FIR. It is also contended by the learned counsel that mother of the petitioner is an eye- witness of the said murder case. So there is some enmity/reason for implication of the petitioner in the case in which the above said offences which are out of prohibitory clause. The petitioner is behind the bars since 08.06.2023 and trial has not been concluded.

6.For the forgoing, instant petition is converted into an appeal and allowed. The appellant is granted bail, subject to his furnishing bail bond of Rs.200,000/- (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the trial Court.

Judges on this bench

Sardar Tariq Masood645 judgments
Yahya Afridi864 judgments
Ayesha A. Malik812 judgments