MUHAMMAD NAWAZ Versus State
This petition concerns a request for post-arrest bail by the petitioner, who was charged under Section 324/34 of the Pakistan Penal Code 1860 in connection with an F.I.R. registered at Police Station Sarai Sidhu. The core legal question was whether the petitioner was entitled to bail given the nature of the injury inflicted, the duration of his pre-trial incarceration, and the delay in the commencement of the trial. The Court observed that the injury was inflicted on a non-vital part of the victim's body and was declared simple in nature. Furthermore, the petitioner had not repeated the injury and had been incarcerated since October 2003 without the trial having commenced. The Court held that the petitioner was entitled to bail, emphasizing that the speedy trial of an accused is a recognized right and that an accused cannot be detained in judicial lock-up for an indefinite period. Consequently, the Court granted the bail, finding the case covered under the provisions of Section 497(2) of the Code of Criminal Procedure 1898.
- Does the infliction of an injury on a non-vital part of the body justify the grant of post-arrest bail?
- Is an accused entitled to bail if the trial has not commenced after a significant period of incarceration?
- Can an accused be detained in judicial lock-up for an indefinite period pending trial?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Through this petition the petitioner, has sought for the relief of his post‑arrest bail in case F.I.R. No.333 of 2003 dated 24‑10‑2003 registered under section 324/34, P.P.C. at Police Station, Sarai Sidhu District, Khanewal.
2. It is argued by the learned counsel for the petitioner that he has been falsely involved in this case due to the mala fide of the complainant; that the offence complained is not applicable against the petitioner; that offence at the most under section 337‑F(iii), P.P.C. is applicable against the petitioner which does not tall within the prohibitory clause of section 497, Cr.P.C.; that the injury was received by the injured on his non‑vital part of the body; that the petitioner has not repeated the injury who is stated to be behind the bars since 29‑10‑2003; that trial against the petitioner has still not commenced; that case of the petitioner' is covered under subsection 2 of section 497, Cr.P.C.
3. On the contrary learned State counsel opposed the petition on the grounds that .the petitioner is nominated in the F.I.R. with a specific part of violence and the offence complained falls within the prohibitory clause of section 497, Cr.P.C.; that the petitioner has been found guilty during the investigation, therefore, the petitioner is not entitled for the extraordinary concession of bail.
4. Heard both the parties, Record perused.
5. It evinces from the record that though the petitioner is named in the F.I.R. with a specific part of violence to this effect that he inflicted injury from his gun which struck on the left knee of Khan Muhammad. The injury has been declared simple in nature which too was on non‑vital part of Khan Muhammad injured. Learned counsel for the petitioner during the course of his arguments has pointed out that the petitioner has not repeated injury art the time of commission of crime. He is stated to be behind the bars since 29‑10‑2003 anc5 the trial against him has still not commenced. Speedy trial of the accused petitioner is his recognized right and in case of delay in conclusion of the trial, the accused‑petitioner is justified for asking the relief of his post‑arrest bail. The petitioner cannot be detained in the judicial lock up for an indefinite period. The case of the petitioner is also covered under subsection 2 of section 497. Cr.P.C. He is, therefore, held entitled for the concession of bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of learned trial Court.
N.H.Q./M‑685/L Bail allowed.