SHAHID Versus State
This matter arises from a post-arrest bail application filed by the petitioner Shahid seeking release in case F.I.R. No. 620 of 2006 registered under sections 419 and 420 of the Pakistan Penal Code 1860 read with the Allopathic System (Prevention of Misuse) Ordinance, 1962 at Police Station Noor Shah, District Sahiwal. The core legal question was whether the petitioner was entitled to post-arrest bail when the charged offences did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that since the offences do not fall within the prohibitory clause and bail should not be withheld as a punishment, the application ought to be granted. The court laid down the principle that in non-prohibitory offences, grant of bail is the rule and refusal is an exception, and bail cannot be used as a punitive measure before conclusion of the trial.
- Whether post-arrest bail can be granted when the alleged offences do not fall within the prohibitory clause?
- Is bail to be withheld as a matter of punishment during the pendency of the trial?
- What is the effect of the accused remaining behind bars for a considerable statutory period in non-prohibitory offences?
- Section 419, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Allopathic System Ordinance, 1962
ORDER
HASNAT AHMAD KHAN, J.--- Through this application post-arrest bail has been sought in case F.I.R. No.620/2006, dated 28-8-2006, under sections 419/420, P.P.C, read with Allopathic System Ordinance, 1962, registered with Police Station Noor Shah, District Sahiwal.
2. Prior to approaching this Court, the petitioner had approached learned Additional Sessions Judge, Sahiwal; for grant of bail after arrest which was refused vide order dated 14-12-2006.
3. According to the prosecution story, the petitioner, though is not qualified doctor, but he was found practising as medical practitioner.
4. Learned counsel for the petitioner submits that the offence under section 420, P.P.C. is bailable, while offence under section 419, P.P.C. does not fall within the prohibitory clause. He adds that the petitioner is behind the bars since 2-12-2006.
5. Learned counsel for the State has 'opposed this bail application.
6. After hearing both the parties, it has been straightaway noticed that the offences with which the petitioner has been charged, do not fall within the prohibitory clause. The petitioner is behind the bars since 2-12-2006. It is established law that the bail should not be withheld as a matter punishment. While relying upon the famous case reported as Tariq Bashir v. The State PLD 1995 SC 34 this application is allowed and the petitioner is admitted to post-arrest bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./S-183/L Bail granted.