Before Iftikhar Hussain Chaudhry, QADEER AHMAD vs THE STATE
The petitioner sought post-arrest bail in case F.I.R. No. 286 registered under sections 324, 109, and 34 of the Pakistan Penal Code 1860 at Police Station Thikriwala, District Faisalabad, facing allegations of firing a pistol that hit the injured on the left thigh. The core legal question was whether the petitioner was entitled to post-arrest bail considering the nature of the injuries and the applicable statutory provisions. The Lahore High Court held that since the medical officer declared the injuries as falling under section 337-L(i) and (ii) of the Pakistan Penal Code 1860, carrying a maximum sentence of seven years, the case prima facie did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. Consequently, the court allowed the petition and granted post-arrest bail to the petitioner subject to furnishing appropriate bail bonds, laying down the principle that offences carrying sentences outside the prohibitory clause generally favour the grant of bail when further inquiry is warranted.
- Does an offence falling outside the prohibitory clause of section 497 of the Code of Criminal Procedure 1898 entitle the accused to bail as a general rule?
- Whether injuries falling under section 337-L of the Pakistan Penal Code 1860 attract the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 337-L(i), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Petitioner seeks post-arrest bail in case F.I.R. No.286, dated 9-6-1999, registered at Police Station Thikriwala, District Faisalabad for offences under section 324/109/34, P.P.C. Allegation against the petitioner is that he fired with pistol which hit Kashif on left thigh.
2. Learned counsel for the parties have been heard and record seen.
3. The nature of injuries noticed on the person of injured (P.W.) Kashif which are specifically ascribed to petitioner have been declared by Medical Officer as falling under purview of section 337-L(i) and (ii) which would entail a maximum sentence of seven years. Case of the petitioner, prima facie would not fall within the prohibitory clause of section 497, Cr.P.C. The petitioner, as such is allowed bail subject to furnishing bail bonds in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of trial Court.