ABDUL RASHID vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, Abdul Rashid, who was arrested in connection with F.I.R. No. 144 of 2000. Initially registered under Sections 457 and 451 of the Pakistan Penal Code 1860, the investigation resulted in the deletion of Section 457, leaving only the charge under Section 451, which carries a maximum punishment of two years' rigorous imprisonment and is a bailable offence. The core legal question was whether the petitioner was entitled to the concession of bail given the nature of the remaining charge. The Court held that, without commenting on the merits of the case, the petitioner's case required further inquiry, thereby falling within the scope of Section 497(2) of the Code of Criminal Procedure 1898. Consequently, the Court allowed the petition and admitted the petitioner to bail, subject to the furnishing of bail bonds. The key principle established is that where an offence is bailable and the case requires further inquiry, the accused is entitled to the concession of bail under the Code of Criminal Procedure 1898.
- Is an offence punishable with two years' rigorous imprisonment considered a bailable offence?
- Does a case requiring further inquiry entitle an accused to the concession of bail under Section 497(2) of the Code of Criminal Procedure 1898?
- Section 457, Pakistan Penal Code 1860
- Section 451, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Petitioner seeks post arrest bail in the case F.I.R. No,144 of 2000, dated 1-7-2000 registered under sections 457/451, P.P.C. At Police Station City Jhang. Petitioner was arrested in this case on 21-7- 2000 and his post arrest bail application was dismissed by the learned Additional Sessions Judge, Jhang vide order, dated 17-8-2000, hence, this petition.
2. During the investigation of this case, section 457, P.P.C. Has been deleted and challan has been submitted before the trial Court under section 451, P.P.C. Which is punishable with two years' R.I. And the same is bailable offence. In the circumstances without commenting upon the factual aspects prima facie case of the petitioner requires further enquiry falling within the purview of section 497(2), Cr.P.C. Entitling him to the concession of bail. Accordingly, this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bonds to the tune of Rs,20,000 with one surety in the like amount to the satisfaction of learned trial Court.