Pakistan Case Law
1993 SCMR 1994

ALLAH RAKI-IA alias BODI and anothers vs THE STATE and another

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Citation1993 SCMR 1994
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 206-L of 1993
Date1993-06-15
Judge(s)Shafiur Rahman, Muhammad Afzal Lone and Muhammad Rafiq Tarar
Authored byMuhammad Rafiq Tarar
ResultAppeal allowed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal challenged an order of the Lahore High Court cancelling the bail previously granted to the petitioners by an Additional Sessions Judge in a criminal case. The petitioners were accused of injuring their father with brickbats, resulting in simple injuries, under Section 337-A(ii) of the Pakistan Penal Code 1860. The High Court had cancelled the bail on the basis that the trial court failed to consider the nature of the injuries and threats made against the complainant. Upon review, the Supreme Court observed that the offence charged, Shajjah-i-Mudihah, did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, the Supreme Court held that the petitioners were entitled to the concession of bail as a matter of right, given the non-prohibitory nature of the offence. The petition was converted into an appeal, the High Court's order was set aside, and the petitioners were admitted to bail subject to furnishing security.

Questions settled in this judgment
  • Does an offence under Section 337-A(ii) of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
  • Is bail liable to be cancelled when the offence charged does not fall within the prohibitory clause of the relevant bail statute?
Laws & provisions referred
  • Section 337-A(ii), Pakistan Penal Code 1860
  • Section 497, Code of Criminal Procedure 1898
post-arrest bailcancellation of bailprohibitory clauseShajjah-i-Mudihahsimple injuriescriminal appeal

' MUHAMMAD RAFIQ TARAR, J.---Allah Rakha alias Bodi and Iqbal alias Kaka petitioners seek leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 31-3-1993 whereby bail allowed to them by a learned Additional Sessions Judge in a case under section 337-A (ii) of the P.P.C. Was cancelled on the application made by respondent No,.2, their father.

2. The prosectution version was that on 4-10-1992 the petitioners abused their father and injured him with brickbats.

3. The medical examination of Sardar Masih revealed three lacerated wounds and an abraded swelling, all simple in nature.

4. The petitioners were allowed bail by the learned Additional Sessions Judge vide order dated 2- 12-1992 but the same was cancelled on the ground that he had not considered the aspect that the petitioners had caused injuries to their father and had also threatened to kill.

5. We have heard the learned counsel for the parties. The petitioners were charged for having caused Shajjah-i-Mudihah (exposure of any bone of the victim without causing fracture) which does not fall within the prohibitory clause of section 497 of the Cr.P.C. Accordingly we convert this petition into an appeal and allow it. The petitioners shall be released on bail subject to their furnishing security in the sum of Rs, 25,000 with two sureties in the like amount to the satisfaction of the trial Court.

Cited by 4 cases

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