-Bail after arrest--Grant of--Allegation of--Attempt to murder--The allegation against present petitioner is that he made fire with his pistol, which hit complainant on calf of his right leg; injury attributed to petitioner is available in medico-legal certificate--

 PLJ 2024 Cr.C. (Note) 39

[Lahore High Court, Lahore]

Present: Miss Aalia Neelum, J.

MUHAMMAD WAQAS--Petitioner

versus

STATE etc.--Respondents

Crl. Misc. No. 31544-B of 2023, decided on 31.5.2023.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 324, 34, 337-F(v), 337-F(iii)--Bail after arrest--Grant of--Allegation of--Attempt to murder--The allegation against present petitioner is that he made fire with his pistol, which hit complainant on calf of his right leg; injury attributed to petitioner is available in medico-legal certificate--However, same was declared as falling under Section 337-F(v), PPC, which entails five years imprisonment or fine or both, which does not fall within prohibitory clause of Section 497, Cr.P.C--The applicability of offence falling u/S. 324, PPC would be seen by trial Court after recording evidence of parties--The petitioner has been behind bars since his arrest, and further incarceration in Jail for an indefinite period would not serve any useful purpose--Held: Grant of bail in such cases is a rule and refusal thereof an exception.       [Para 3] A

Mrs. Naila Mushtaq Ahmed Dhoon, Advocate for Petitioner.

Mr. Muhammad Akhlaq, DPG for State.

Mr. Muhammad Amin Akhtar, Advocate for Complainant.

Date of hearing: 31.5.2023.

Order

The petitioner-Muhammad Waqas seeks post-arrest bail in case F.I.R. No. 370/2022, dated 28.09.2022, registered under Sections 324, 34, 337-F(v) & 337-F(iii), PPC, at Police Station Piplan, District Mianwali.

2. Heard. Record perused.

3. As per the contents of the FIR, the allegation against the present petitioner is that he made fire with his pistol, which hit the complainant on the calf of his right leg; the injury attributed to the petitioner is available in the medico-legal certificate. However, the same was declared as falling under Section 337-F(v), PPC, which entails five years imprisonment or fine or both, which does not fall within the prohibitory clause of Section 497, Cr.P.C. The applicability of the offence falling under Section 324, PPC would be seen by the learned trial Court after recording evidence of the parties. The petitioner has been behind bars since his arrest, and further incarceration in the Jail for an indefinite period would not serve any useful purpose. In the case of “Tariq Bashir and five others v. The State” (PLD 1995 SC 34), it is held that the grant of bail in such cases is a rule and refusal thereof an exception.

4. For the reasons supra, the petition is accepted. The petitioner is admitted to post-arrest bail subject to his furnishing bail bonds of Rs. 2,00,000/-with one surety in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Bail allowed