MANZOOR AHMAD Versus State
This is a criminal petition filed by Manzoor Ahmad seeking post-arrest bail in case F.I.R. No. 267 registered under sections 337-F(vi)/337-L(2)/34 of the Pakistan Penal Code 1860 at Police Station Allah Abad, District Kasur. The core legal question was whether the petitioner was entitled to post-arrest bail given the nature and severity of the injuries attributed to him. The Lahore High Court held that although the alleged offenses did not fall within the prohibitory clause of section 497(1) of the Code of Criminal Procedure 1898, the discretion to grant bail should not be exercised in favor of the petitioner because he was specifically attributed with causing a fracture resulting in the injured person becoming crippled and suffering potential Itlaf-e-Salhayyat of his left leg. Consequently, the High Court dismissed the bail petition.
- Whether post-arrest bail can be refused for an offense not falling within the prohibitory clause of section 497(1) of the Code of Criminal Procedure 1898?
- Does causing an injury resulting in a crippled limb justify the withholding of judicial discretion to grant bail?
- Is a petitioner attributed with specific grievous injuries during a joint assault entitled to bail as a matter of right?
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
ORDER
Petitioner Manzoor Ahmad through the instant petition has sought post-arrest bail in case F.I.R. No.267 dated 28-7-2004 under sections 337-F(vi)/337-L(2)/34, P.P.C. registered with Police Station, Allah Abad District, Kasur.
2. Briefly the prosecution case as per F.I.R. is that on 21-7-2004 at about 10 a.m. Bashir Ahmad armed with Sota, Manzoor Ahmad (petitioner) with Kassi and Muhammad Ali with Sota; in furtherance of their common intention have caused injuries to Muhammad Tufail, the father of the complainant. Bashir Ahmad raised Lalkara that he be caught and killed. Manzoor Ahmad, thereupon inflicted blow with blunt side of the Kassi to him hitting on his left knee. Muhammad Ali inflicted him Sota blow on his right backside of the chest. Bashir Ahmad inflicted him Sota blow on the left backside of the chest. Manzoor Ahmad gave him an other blow with the blunt side of the hatchet under the left backside of his chest. On the noise Muhammad Shaft and Muhammad Hanif Were attracted to the spot, who rescued him.
3. After hearing the learned counsel for the parties and perusing the record, find that the petitioner has been ascribed two injuries to injured Muhammad Tufail. One of these was on his left knee and the other under the left backside of his chest. The injury on his left knee has, been declared as fracture of the thigh. The injured is present in Court. He is standing with the support of two persons. Learned counsel for the complainant has submitted that he is under treatment for the last about 7 months and in fact he has become crippled of his left leg. According to him, the injury caused to him by the petitioner in fact is Itlaf-e-Salhayyat of his left leg. In view of the attribution of such injury to the petitioner, which has made the. injured crippled, I am not inclined to extend my discretion in his favour though the offence alleged against him does not fall within the prohibitory clause of section 497(1), Cr.P.C. The refusal of bail to him warranted in such facts and circumstances of the case. 'The petition, therefore, is dismissed.
H.B.T./M-983/L Petition dismissed.