ASIF ALI vs THE STATE
This criminal petition arises from an application for post-arrest bail filed by the petitioner, who was charged under Sections 337-A-I, 337-A-IV, and 337-L-I read with Section 34 of the Pakistan Penal Code 1860, following an alleged incident of causing injuries. The core legal question was whether the petitioner was entitled to bail given the nature of the injuries, the delay in lodging the First Information Report, and the fact that co-accused had already been granted bail. The Court observed that the medical evidence regarding the alleged fracture of the nasal bone was inconclusive and that, even if proven, the offense would likely fall under Section 337-A-III, which carries a maximum punishment of seven years as Ta'zir and is primarily punishable by Arsh. Consequently, the Court held that the offense did not fall within the prohibitory clause of the relevant bail provisions. Emphasizing the principle of consistency and the fact that the challan had been submitted without charges being framed, the Court admitted the petitioner to bail, noting that further incarceration was unnecessary.
- Does an offense punishable by up to seven years imprisonment fall within the prohibitory clause of the bail provisions?
- Is a petitioner entitled to bail if the medical evidence regarding the severity of injuries is inconclusive?
- Does the grant of bail to co-accused constitute a valid ground for granting bail to the remaining accused?
- Section 337-A-I, Pakistan Penal Code 1860
- Section 337-A-III, Pakistan Penal Code 1860
- Section 337-A-IV, Pakistan Penal Code 1860
- Section 337-L-I, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Petitioner alongwith others stand charged under sections 337-A-I, 337-A-IV, 337-L-I/34, P.P.C., vide F.I.R. No,177 of 1999, dated 22-5-1999 registered at Police Station Dina, District Jhelum.
2. Briefly stated the facts are that the present petitioner alongwith four others caused injuries to Shahid Iqbal and Muhammad Hafeez and consequently on the statement of Shahid Iqbal the instant F.I.R., has been lodged against the persons named therein. The petitioner along with others moved the trial Court for bail which relief was not granted to them vide order, dated 9-6-1999.
Thereafter, the present petitioner alongwith other co-accused moved the learned Sessions Judge, Jhelum who was pleased to grant the bail to his co-accused t3ut declined the said relief to the petitioner and hence the instant petition.
3. Contention of the learned counsel for the petitioner is that occurrence took place on 16-5-1999 at 7,00 p.m. Whereas F.I.R. Has been lodged on 22-5-1999 at 4-45 p.m. And this delay in lodging the F.I.R. Has not properly been explained, that the only part assigned to the present petitioner is that he had caused injuries to Shahid Iqbal complainant, out of which one pertains to fracture of nasal bone, that Shahid Iqbal was medically examined on 16-5-1999 and as many as three injuries were found on his person though he claimed to have received four injuries, that as a result of X-ray it is not specifically mentioned that there was a fracture of nasal bone but the medical officer has simply given the nature of the injuries in the shape of narration of offence, that even if the offences under sections 337-A-I, 337-A-IV and 337-L-I, P.P.C., are taken into consideration, it is evident that the case does not fall under section 337-A-IV and at the most it falls under section 337-A-III in which Arsh is the primary punishment and is punishable up to 7 years is by way of Ta'zir, that the petitioner was arrested on 28-5-1999 and since then is in judicial lock up as such he is in jail for the last about 4 months, that co-accused of the petitioner have been released on bail and challan has been submitted in the Court on 28-6-1999 but no charge has so far been framed, that as the main punishment is in the form of Arsh so even on this score he is entitled to the relief of bail and relied upon Zulfiqar v. The State (1994 PCr.LJ 2285). He, thus, submitted that petitioner may be admitted to bail.
4. Conversely the bail application has been opposed by the learned counsel for the State.
5. From the narration of facts it is evident that the pal t assigned to the present petitioner is that the petitioner caused injuries to Shahid Jabal complainant. The main injury pertains to fracture of nasal bone. Vide MLR the Medical Officer has not clearly stated that there was fracture of nasal bone but has simply stated that the injuries fall under sections 337-A-I, 337-A-IV and 337-L-I, P.P.C.
Even it is assumed that there was a fracture of nasal bone the case at the most falls under section 337-A-III, P.P.C., which is punishable for 7 years by way of Ta'zir and is primarily punishable to Arsh.
The petitioner was arrested on 28-5-1999 and since then is in judicial lock-up. If the injury is taken in the light of averments referred above the case does not fall within the prohibitory clause. The co- accused of the present petitioner have already been released on bail and challan having been submitted in the Court there is no need to further detain the petitioner any more in the judicial lockup. Accordingly petition is accepted and he is admitted to bail in the sum of Rs,20,000 with one surety in the like amount to the satisfaction of the trial Court.