MUMTAZ vs THE STATE
The present matter arises from a bail application filed by the applicant seeking pre-arrest bail in Crime No. 205 of 2000 registered at Police Station Dadu under sections 337-F(vi), 337-L(ii), and 504 of the Pakistan Penal Code 1860. The core legal question revolves around whether the applicant is entitled to pre-arrest bail where the injury sustained by the victim is on a non-vital part of the body and the offences do not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, coupled with the State having no objection. The court held that since the offences are not covered by the prohibitory clause and the injury is on a non-vital part, the basic principle of bail and not jail applies. Consequently, the court confirmed the interim pre-arrest bail granted to the applicant, laying down the principle that bail should generally be granted in offences not falling within the prohibitory clause.
- Is an accused entitled to bail when the offences charged do not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Does an injury sustained on a non-vital part of the body provide sufficient ground for the confirmation of pre-arrest bail?
- What is the effect of the State prosecutor recording no objection to the grant of pre-arrest bail?
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' Present applicant is seeking bail in Crime No,205 of 2000 registered at Police Station Dadu under sections 337-F(vi), 337-L(ii) and 504, P.P.C.
2. ' Learned counsel for the applicant Mr. Abdul Rasool Abbasi submits that the present applicant had surrendered before the Court of Sessions Dadu but without success, hence this bail application. He further contends that the present applicant had also applied for protective bail and the same was granted to him and thereafter he moved before the concerned Court but without success. Learned counsel contends that according to contents of the F.I.R. The enmity is admitted. Injured Abdul Karim has sustained injury on his left arm which is non-vital part of the body. In support of his contention he, has placed reliance on 1994 PCr.LJ 1769. On the other hand Mr. Muhammad Azim Panwhar advocate for the A.A.-G. For the State has recorded his no objection to the grant of pre- arrest bail to the present applicant.
3. ' I have considered the arguments rendered by the learned counsel for the parties and have gone through the material available on record. Admittedly injured Abdul Karim has sustained injury at his left arm which is non-vital part of the body. The offences are not being covered by the provisions of section 497, Cr.P.C. Reference can be made to a case reported in 1993 PCr.LJ 446 wherein this Court has held that the basic principle is bail and not jail and the interim bail has been confirmed by this Court. In the present case the offences are not being covered by the prohibitory clause of section 497, Cr.P.C. And accordingly the earlier interim order, dated 30-4-2001 is confirmed.