ABDUL JABBAR vs THE STATE
This matter concerns a petition for post-arrest bail filed by the accused, Abdul Jabbar, in connection with F.I.R. No. 148 of 2000, registered under sections 382, 337-A(ii)(iii), 337-F(i)(v)(iii), 337-L(ii), 148, and 149 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioner and others assaulted the complainant and his son following a dispute over water diversion for irrigation. The petitioner sought bail on grounds of previous enmity, delay in lodging the F.I.R., and the absence of specific allegations of grievous injury attributed to him. The Court observed that the parties had a history of litigation and that the weapon attributed to the petitioner, a 'Kassi', was an agricultural implement. Finding that the petitioner was not alleged to have caused any grievous injury and that the offence did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, the Court held that the petitioner's guilt required further inquiry. Consequently, the bail application was allowed, subject to the petitioner furnishing bail bonds.
- Does the possession of an agricultural implement during an altercation constitute sufficient grounds to deny bail when no grievous injury is attributed to the accused?
- When does an offence fall outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is the existence of previous enmity and cross-litigation between parties a relevant factor for the grant of bail?
- Section 382, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Petitioner seeks bail in a case registered vide F.I.R. No,148 of 2000, dated 24-3-2000 under section 382/337-A(ii)(iii)/337-F(i)F(v)(iii)/ 337-L(ii)/148/149, Pakistan Penal Code, Police Station Sadar Arifwala, District Pakpattan Sharif.
2. The prosecution story as given in the F.I.R. Briefly stated is that in the night between 23-3-2000 at about 10-30 p.m. He alongwith his son Muhammad Ahmad went to irrigate their land where they found diversion of the water from the outlet by Abdul Jabbar, accused party. It led to an altercation and the accused party who was armed with weapons caused injuries to the complainant and his son.
3. Learned counsel for the petitioner prays for bail on the ground that the case is false and the result of party friction; that there is an unexplained delay in lodging the F.I.R., that no grievous injury is attributed to the petitioner; that he is behind the bars for the last more than four months and is no more required for further investigation.
4. Heard.
5. Admittedly, parties have previous enmity i.e,, there is a case registered against the accused party and there is a case registered against the complainant party at the behest of the accused in the present case. The petitioner is not attributed any grievous injury and it is not denied that at the time of occurrence he was armed with "Kassi" i.e,, an implement which is ordinarily used by the village folks for tilting and irrigating the land. In the afore-referred circumstances the question of the petitioner's guilt would require further inquiry. The offence alleged in so far as the petitioner is concerned does not fall within the prohibitory clause of section 497, Cr.P.C. Resultantly, this application is allowed and it is directed that the petitioner shall be released on bail provided he furnishes bail bond in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of Magistrate Section 30 concerned. It is, however, made clear that in case petitioner misuses the concession of bail in any manner it would be open for the learned trial Court to, cancel the bail after issuing notice to the petitioner.