1999 P Cr (PLP)

S. 497

Bail in cases not hit by prohibitory clause of 5.497, Cr.P.C.-- Exceptional circumstances

Principles

Court can decline to admit an accused to bail even in cases not covered by the prohibitory clause of S.497(1), Cr.P.C., where there are exceptional circumstances. Imtiaz Ahmed and another v. The State PLD 1997 SC 545 ref. Malik Muhammad Aslam for Petitioner. Sardar Ashiq Muhammad Khan for the Complainant. Rafique Ahmed Bodhla for the State. The petitioner alongwith others is accused of an offence under section 337-F(v)/109, P.P.C. in a case registered vide F.I.R. No. 119 of 1997 at Police Station Channi Goth, District Bahawalpur. He allegedly caused injuries to Ikram Ullah complainant due to previous enmity.

2. Learned counsel for the petitioner submitted that the offence was not covered by the prohibitory clause of section 497, Cr.P.C. and as a matter of rule the petitioner was entitled to bail. He relied upon the case of Tariq Bashir and 5 others v. The State PLD 1995 SC 34 and submitted that the case of the petitioner could not be considered that the exception for refusal of bail. He pointed out that the petitioner was in custody for the last about five months.

3. Learned counsel for the State, assisted by the learned counsel for the complainant, on the other hand, submitted that Ikram Ullah complainant had been operated upon thrice because of the fracture of tibia bone, the injury caused by the petitioner. He submitted that the complainant was given merciless beating and as a result of the injury caused by the petitioner he had become permanently disabled. He relied upon the case of Abdul Hameed etc. v. The State 1987 PCr.LJ 700 and submitted that in the circumstances of this case, the petitioner was not entitled to bail. He also relied upon the case of Sher Muhammad Khan v. Muhammad Ashraf Khan Tareen and others 1991 SCMR 239.

4. No doubt, the petitioner is charged with an offence under section 337-F(v), P.P.C. which is not covered by the prohibition contained in section 497, Cr.P.C., but he caused such an injury to the complainant which made him permanently disabled. He has gone through surgery many times just to be on his legs again, but perhaps he will have to remain on crutches. It is now well-established that even regarding offences not covered by the prohibitory clause of section 497, Cr.P.C. the Court can decline to admit an accused to bail E where there are exceptional circumstances. Reliance is placed upon the case of Imtiaz Ahmed and another v. The State PLD 1997 SC 545.

5. The learned counsel for the petitioner, referred the case of Tariq Bashir to show that the case of the petitioner was not covered by the exceptional circumstances highlighted in the said case. The extraordinary and exceptional circumstances given in Tariq Bashir's case are not exhaustive. In this case the learned Additional Sessions Judge and the learned Magistrate considered this aspect of the case in detail. The injury caused by the petitioner is of such a nature that his release on bail at this stage is not desirable.

6. In view of the above, this petition is dismissed having no merits. However, the petitioner can move for bail afresh in the trial Court after recording of some material evidence or if no progress is made in the trial within the next three months. N.H.Q./S-310/L Bail refused,