SHOUKAT Versus THE STATE
This matter concerns a bail application filed by an accused person facing trial for offences under sections 457, 459, 511, and 337-H(2) of the Pakistan Penal Code 1860. The core legal question was whether the applicant was entitled to the grant of post-arrest bail, given the significant delay in the trial process and the nature of the alleged offence. The court observed that the FIR was lodged with a ten-day delay, the applicant had been incarcerated for approximately fifteen months, and the charge had not yet been framed despite the applicant's lack of fault in the delay. Furthermore, the maximum punishment for the injury attributed to the applicant was three years. The court held that, in light of the prolonged pre-trial detention and the statutory maximum penalty, the applicant was entitled to the concession of bail. The key principle laid down is that where an accused has suffered prolonged incarceration without the trial commencing, and the potential sentence for the alleged offence is relatively minor, the court may exercise its discretion to grant bail to prevent indefinite pre-trial detention.
- Is an accused entitled to bail when the trial has not commenced after fifteen months of incarceration?
- Does the maximum potential sentence for an offence influence the grant of bail in cases of prolonged pre-trial detention?
- Can bail be granted when co-accused are already enjoying the benefit of bail?
- Section 457, Pakistan Penal Code 1860
- Section 459, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 337-H(2), Pakistan Penal Code 1860
ORDER
1. Applicant is facing trial in Crime No.44 of 2002 of Police Station, Gaheja for offences under sections 457, 459, 511 and 337-H(2), P. P. C.
2. The F.I.R. was lodged on 4-11-2002 after almost 10 days delay. A Present applicant was arrested on 12-12-2002. Other co-accused are enjoying benefit of bail.
3. It is contended that role assigned to the present applicant is of causing fire-arm injury, resulting in which injury according to the learned counsel, Ghayr Jaifah Badiah and punishment is provided for three years and applicant is behind the bars since almost 15 months. From the diary produced, it appears that the Charge has not yet been framed, for no fault of the present applicant.
4. Learned State Counsel also contends that the injury attributed to the present applicant is punishable with three years.
5. Looking at such circumstances, since the applicant is behind the bar almost 15 months for an offence if proved will entail conviction for not more than 3 years. Under circumstances, applicant is extended benefit of bail however, subject to furnishing solvent surety in the sum of Rs. One hundred thousand and P.R. bond in the like amount, to the satisfaction of learned trial Court. In case, the concession of bail is misused by the applicant, the learned trial Court is at liberty to cancel the bail.
6. H.B.T./S-53/K Bail granted.