LIAQAT SHAH vs THE STATE
The petitioner sought post-arrest bail in case F.I.R. No. 164 of 1999 registered under sections 324, 109, and 337-F(iv) of the Pakistan Penal Code at Police Station Saddar, Hasilpur, District Bahawalpur, facing allegations of firing at the complainant and causing injuries. The core legal question was whether the petitioner was entitled to post-arrest bail given the nature of the injuries and the applicability of the prohibitory clause. The Lahore High Court held that the injuries on the person of the injured prosecution witness made out an offence punishable under section 337-F(ii)(iv) of the Pakistan Penal Code carrying a maximum sentence of five years, and the case prima facie did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure. The court laid down the principle that the determination of whether an offence under section 324 of the Pakistan Penal Code is made out rests with the trial court, and where the case falls outside the prohibitory clause, bail should ordinarily be granted, resulting in the acceptance of the bail petition.
- Whether post-arrest bail should be granted when an offence prima facie does not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure?
- At what stage should the question of whether an offence under section 324 of the Pakistan Penal Code is made out be determined?
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 337-F(iv), Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Petitioner seeks post-arrest bail in case F.I.R. No,164 of 1999, dated 11-5-1999 under sections 324/109/337-F(iv), P.P.C. Registered at Police Station Saddar, Hasilpur, District Bahawalpur. The allegation against the petitioner was in terms that he fired at the complainant and was hit on her elbow and knee of right leg.
2. The petitioner was arrested and has applied for grant of bail to him.
3. Learned counsel for the parties have been heard and record seen.
4. The nature of injuries noticed on the person of injured P.W. Makes out an offence punishable under section 337-F(ii)(iv), P.P.C. Which carry a maximum sentence of 5 years. The case of the petitioner prima facie does not fall within the prohibitory clause of section 497, Cr.P.C. The question whether offence under section 324, P.P.C. Was made out against the accused or not would best be determined by Trial Court. For the present, the case of the petitioner is considered to be that of grant of bail.
' The petitioner is allowed bail in the sum of Rs,50,000 with two sureties in the like amount to the satisfaction of Trial Court. .
Cited by 1 case
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