MUHAMMAD GHAFOOR vs THE STATE
This matter arises from a petition seeking post-arrest bail in FIR No. 193 of 2001 registered under sections 337-F(v) and 337-A(i) of the Pakistan Penal Code 1860 at Police Station Saddar, District Pakpattan Sharif, wherein the petitioner was accused of causing an injury to the left wrist of the complainant with a stick. The core legal question concerns whether the petitioner made out a case for the grant of post-arrest bail given that the offences did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, the injury was on a non-vital part of the body, the accused had already been incarcerated for over three months, and there were significant delays in lodging the FIR and conducting the medical examination. The Lahore High Court allowed the petition and admitted the petitioner to post-arrest bail, holding that bail is warranted when the offences fall outside the prohibitory clause and the state fails to controvert contentions regarding statutory delay and non-vital injury, subject to furnishing appropriate surety bonds.
- Whether post-arrest bail should be granted when the alleged offences do not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Does an injury caused to a non-vital part of the body with a stick warrant the grant of bail?
- What is the effect of a delay in lodging the FIR and conducting a medical examination on a petition for post-arrest bail?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Petitioner seeks post-arrest bail in a case registered vide F.I.R. No,193 of 2001 dated 17-4-2001 under section 337-F(v)/337- A(i), P.P.C. At Police Station Saddar, District Pakpattan Sharif.
2. As per F.I.R. Petitioner has caused an injury to the left wrist of the complainant, with his stick.
3. Learned counsel for the petitioner argues that the alleged offences do not fall within the Prohibitory Clauses of section 497, Cr.P.C., that the alleged injury is on on-vital part of the body; that the petitioner is behind the bars for the last more than three months; that the application of the petitioner for constituting a Medical Board to determine and verify the nature of the injury, has not been disposed of by the competent authority with ulterior motive at the instance of the complainant; that the petitioner is previous non-convict and there is no likelihood of his influencing the P.Ws., that there is a delay of A 14 days in lodging the F.I.R. And medical examination of the complainant was also conducted after period of 6 days.
4. Learned counsel for the State remains unable to controvert the above submissions, however, he submitted that, the petitioner, if enlarged on bail, he asked to furnish heavy surety bonds.
5. In view of the above, petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rupees Fifty Thousand) with two sureties each in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.