MUHAMMAD ASLAM Versus State Muhammad Amir Khan Niazi
This is a miscellaneous petition filed by Muhammad Aslam seeking post-arrest bail in a case registered under sections 337-A(i), 337-F(v), 337-L(2), 148, and 149 of the Pakistan Penal Code 1860 at Police Station Mitha Tiwana, District Khushab. The core legal question concerns whether the petitioner is entitled to post-arrest bail when he was found during investigation to be empty-handed and the charged offences do not fall within the prohibitory clause. The Lahore High Court accepted the petition and ordered the release of the petitioner on bail, holding that an accused cannot be detained for an indefinite period when the offences do not fall within the prohibitory clause, the petitioner was empty-handed, and only an incomplete challan has been submitted while co-accused remain at large. The key principle laid down is that pre-trial detention should not be used as a punishment, particularly in non-prohibitory clause offences where investigation is ongoing and the accused was attributed no overt act involving a weapon.
- Is an accused entitled to post-arrest bail when the offences charged do not fall within the prohibitory clause?
- Can an accused be kept in indefinite detention while an incomplete challan is pending and co-accused remain at large?
- Whether bail should be granted when the police investigation concludes that the accused was empty-handed at the time of the alleged incident?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
M.A. SHAHID SIDDIQUI, J.--- Muhammad Aslam-petitioner through this miscellaneous petition has prayed for his release on post-arrest bail in a' case under sections 337-A(i), 337-F(v), 337-L(2), 148, 149, P.P.C. registered on 6-10-2005 at Police Station Mitha Tiwana, District Khushab vide F.I.R. No.181 of 2005. AS many as 15 persons including the petitioner, who were variously armed, have allegedly assaulted and injured Muhammad Asghar and Fateh Sher on 3-10-2005 at about 1-00 p.m. Both the injured got themselves medically examined on the same day but the matter was reported to the police on 6-10-2005.
2. I have heard the learned counsel for the parties and have gone through the record. During the investigation of the case, the police came to the conclusion that the petitioner was empty-handed at the relevant time. The offences with which the petitioner has been charged do not fall within the prohibitory clause. Incomplete challan has been submitted in the competent Court of law. Some of the accused are still at large. The petitioner cannot be detained for indefinite period.
3. In view of the above, this petition is accepted and the petitioner is ordered to be released on bail subject to furnishing bail bond in the sum of Rs. 20,000 (Rupees Twenty Thousand) with one surety in the like amount to the satisfaction of the Trial Court.
H.B.T./M-553/L Bail granted.