SAKHAWAT vs THE STATE
This post-arrest bail application was moved by the petitioner, Sakhawat, in a case registered under Sections 337-A(ii), 337-A(i), 337-F(i), 337-L2, and 34 of the Pakistan Penal Code 1860 at Police Station Noor Shah, District Sahiwal. The prosecution alleged that the petitioner and a co-accused, armed with sotas, attacked the victim over a marriage dispute and inflicted eight injuries on his person. The core legal question was whether the petitioner was entitled to post-arrest bail under Section 497 of the Code of Criminal Procedure 1898. The Lahore High Court observed that while the grievous injury on the victim's head was attributed to the petitioner, all other injuries were simple. Crucially, the charged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Taking into consideration that the petitioner had been in continuous judicial lock-up since 30 September 1997, the Court held him entitled to relief and accepted the bail application subject to furnishing bail bonds.
- Whether offences under Sections 337-A(i), 337-A(ii), 337-F(i), and 337-L2 of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Whether an accused attributed with causing a grievous head injury is entitled to post-arrest bail if the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Can prolonged continuous detention in judicial lock-up serve as a relevant consideration for granting post-arrest bail in non-prohibitory offences?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-L2, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Sakhawat petitioner has moved this application for post-arrest bail in case F.I.R. No,437 of 1997 registered on 26-9-1997 under sections 337-A(ii)/337-A(i), 337- G(i)/337-L2, 34, P.P.C. At Police Station Noor Shah, District Sahiwal.
2. The prosecution case, as is evident from the F.I.R, is that Waryam complainant's daughter Mst.
Surraya was married with Ali Sher, his nephew, as the same marriage was against the wishes of Abdul Ghafoor the latter turned hostile to him and his sons Sakhawat Ali petitioner and Shahadat Ali co-accused armed with Sotas, attacked Ali Sher aforesaid on 3-9-1997 at 9-00 a.m. When he was returning to his house of Chak No,65/G.D. They caused eight injuries on his person. The case was registered at the instance of Waryam aforesaid complainant.
3. I have heard the learned counsel for the parties and perused the record.
4. All the injuries except the one on his head is simple. The aforementioned grievous injury is attributed to the petitioner but the offences fall under sections 337-F(i), 337-A(ii), 337-L2 and 337- A(i). The same offences are not covered by the prohibitory clause of section 497, Cr.P.C. The petitioner was arrested on 30-9-1997 and since then he is in judicial lock-up. For the reasons he is held entitled to the grant of bail.
5. Resultantly, the bail application is accepted and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sahiwal.