MUHAMMAD ISMAIL and others vs THE STATE
The petitioners sought post-arrest bail in a case registered under sections 337-A(i), 337-A(ii), 337-A(iii), 337-F(ii), 148, and 149 of the Pakistan Penal Code 1860, following an altercation regarding the construction of a wall. The prosecution alleged that the petitioners attacked the complainant party, causing injuries. The petitioners contended that they were also victims of the attack, noting that three individuals from their side sustained injuries compared to two from the complainant side. Furthermore, the petitioners argued that the prosecution had challaned both parties involved in the incident and that the alleged offences did not fall within the prohibitory clause of the law. The Court observed that the investigation was complete, the petitioners were no longer required for further inquiry, and that the police had indeed challaned both parties. Consequently, the Court held that the petitioners were entitled to bail, finding no compelling reason for their continued incarceration, and directed their release subject to the furnishing of bail bonds to the satisfaction of the concerned Magistrate.
- Does the fact that the police have challaned both parties in a cross-version case constitute a ground for granting bail?
- Are offences under sections 337-A and 337-F of the Pakistan Penal Code 1860 considered to fall within the prohibitory clause for the purpose of bail?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' The petitioners seek bail in a case registered vide F.I.R. No,449 of 1998, dated 4-11-1998 under sections 337-A(i), 337-A(ii), 337-A(iii), 337-F(ii) and 148/149, P.P.C. With Police Station Sillanwali, District Sargodha. The prosecution story as alleged in the F.I.R briefly stated is that on fateful day Ismail petitioner armed with hatchet, Falak Sher armed with Sota, Safdar Ijaz armed with knife, Muhammad Hayat and Muhammad Yar armed with Sotas, came to the spot and attacked upon Muhammad Nawaz and Ahmad Yar and caused injuries to them. The motive of alleged occurrence is that the accused party has raised wall which made the street narrow and when the complainant party tried to stop, they were attacked. Learned counsel for the petitioners has sought bail on the ground that the accused was victim of the attack; that three persons from their side received injuries whereas two persons from the complainant side were injured; that the prosecution has challaned both the parties and that the offence does not fall within the prohibitory clause.
2. Learned counsel for the State has vehemently opposed the prayer.
3. It is not denied that the police has challaned both the parties. The investigation is complete and petitioners are no more required for further inquiry.
4. In the afore-referred circumstances, I am inclined to allow this petition and it is directed that the petitioners shall be released on bail provided they furnish bail bonds in the sum of Rs,25,000 each with one surety each in the like amount to the satisfaction of Magistrate Section 30 concerned.