MUHAMMAD IQBAL vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, Muhammad Iqbal, who is facing criminal charges under Sections 337-F(i), 337-F(ii), 337-F(iv), and 379 of the Pakistan Penal Code 1860. The allegations against the petitioner involve causing injuries to the complainant, Muhammad Tanvir, using a sharp-edged weapon (Churri), and the theft of cash amounting to Rs. 10,000. Following the submission of the challan before the Ilaqa Magistrate, the petitioner sought relief through this bail application. The core legal question before the Court was whether the petitioner was entitled to the concession of post-arrest bail given the nature of the alleged offences. Upon review, the Court observed that the offences charged against the petitioner do not fall within the prohibitory clause of the relevant criminal statutes. Consequently, the Court held that there was no valid legal ground to withhold the concession of bail. The petition was allowed, and the petitioner was ordered to be released subject to furnishing bail bonds in the sum of Rupees fifty thousand with one surety to the satisfaction of the trial Court.
- Does the grant of post-arrest bail depend on whether the alleged offences fall within the prohibitory clause?
- Is a petitioner entitled to bail when the offences charged do not fall within the prohibitory clause?
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 337-F(iv), Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
ORDER
1. Muhammad Iqbal (petitioner) seeks post-arrest bail in a case under sections 337-F(i), 337-F(ii), 337-F(iv) and 379, P.P.C. He is alleged to have injured Muhammad Tanvir with his Churri and also deprived him of Rs.10,000. The challan has been submitted in the Court of Ilaqa Magistrate. The offences with which the petitioner has been charged do not fall within the prohibitory clause. I find no reason to withhold the concession of bail. This petition is allowed. The petitioner shall be released on bail subject to furnishing bail bond in the sum of Rupees fifty thousand with one surety in the like amount to the satisfaction of the trial Court.