Bailable offence

2022 PLD 440 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 496Bailable offenceWords "shall be released"Scope

Words "shall be released" have been used in S.496, Cr.P.C., which imply that in a bailable offence accused has to be released on bail as of a right

If Court thinks it fit may instead of taking bail from such person discharge him on his executing a bond without sureties for his appearance.

2021 YLRN 151 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 497Penal Code (XLV of 1860), Ss. 302, 324, 148, 149, 337-F, 337-A & 337-LQatl-i-amd, attempt to commit qatl-i-amd, rioting, armed with deadly weapon, common object, damiyah, shajjah-i-khafifahBail, grant ofBailable offenceCompletion of investigationScope

Accused and co-accused along with seven other nominated and four/five unknown accused persons were alleged to have attacked upon the complainant party, out of whom one succumbed to the injuries

Role ascribed to the co-accused was not verified by the local police during investigation and it was opined by the Investigating Officer that he had been found only present at the place of occurrence empty handed

Thus, case against co-accused had become of two versions, one written in the FIR and other in the shape of police opinion

Even otherwise, the co-accused was not attributed any injury to the deceased

Injury attributed to the co-accused was declared by the doctor as ghayr-jaifah damihah, which entailed the provision of S.337-F(i), P.P.C., which was bailable

Investigation was complete

Accused persons were no more required by the police for further investigation

Petition for grant of bail was accepted, in circumstances.

2021 PLD 173 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 497BailBailable offenceScope

Bail in a bailable offence is the right of accused.

2020 PLD 788 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 496, 497 & 344Penal Code (XLV of 1860), Ss. 337-A(i) & 337-F(i)Prison Rules, 1978, R.1242, Register No.1Shajjah-i-Khaffifa and Ghayr-Jaifah DamiyahBail, grant ofBailable offenceEarlier bail orderJail recordOmission of offences

Accused was earlier granted bail in main offence of Qatl-i-Amd etc. but due to offences under Ss. 337-A(i) & 337-F(i), P.P.C. mentioned in jail record, accused was not released

Validity

Serial number of the FIR along with other particulars of the accused and the "offence or offences" all are equally relevant

In order to enjoy concession of bail by way of his release in a particular case, accused had to seek his bail in 'each and every offence' for which he was charged with, either at the inception of registration of FIR or as a result of any subsequent addition thereof during the course of investigation or by way of framing of charge by Court

High Court directed all subordinate Courts to send copy of remand paper, its order thereon along with judicial warrant to concerned jail for admission of accused to prison.

2020 YLRN 23 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 497Penal Code (XLV of 1860), Ss. 337-F(vi), 337-F(i), 337-L(2) & 324Munaqqilah, damiyah, punishment for other hurt, attempt to commit qatl-i-amdBail, grant ofBailable offenceCompletion of investigationScopeDelayed medical examinationEffect

Allegation against accused was that he gave three blows with a sota hitting the left arm, left hand and below left ear of the injured/ complainant

Injured was examined after a delay of three days without any reasonable explanation

First injury suffered by the complainant on his left hand was punishable under S. 337-F(vi), P.P.C. for a term which may extend to seven years as tazir

Prima facie, sufficient material was not available on record to believe that the accused had committed an offence, which fell under the prohibitory clause of S. 497, Cr.P.C.

Intention to kill the complainant was not present, particularly when, after sustaining an injury, the complainant fell down and was entirely at the mercy of accused persons, but the accused persons despite having weapons, continued to cause injuries on the non-vital organs of the complainant

Applicability of S. 324, P.P.C. was yet to be determined during the course of trial

Co-accused persons, who were also attributed role of beating the complainant, were declared innocent during the investigation and said investigation was not challenged by the complainant

Investigation against accused had been finalized

Allegations against accused were yet to be proved through evidence in the court, as such further detention of the accused served no fruitful purpose

Case of accused fell within the ambit of cases where grant of bail was a rule

Petition for grant of post-arrest bail was accepted, in circumstances.

2020 YLRN 23 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 497BailBailable offenceScope

Grant of bail is a right and refusal is an exception in bailable offences.

2020 YLRN 22 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 497Penal Code (XLV of 1860), S. 489-FDishonestly issuing a chequeBailable offenceCharge of heavy amountScope

Liberty of accused, who is otherwise found entitled to the concession of bail, cannot be curtailed on the ground of the charge being of heavy amount

Maximum sentence which can be executed upon the accused remains to be three years, if the case is proved

Case under S. 489-F, P.P.C. does not fall within the prohibitory clause of S.497(2), Cr.P.C.

Grant of bail in such cases is a rule and its refusal is an exception.

2020 PCrLJN 4 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

S. 496Bailable offenceScope

Grant of bail in bailable offence, whether post arrest or pre-arrest, is a right of an accused, not a concession.

2020 PCrLJN 4 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Ss. 497(5), 496 & 498Penal Code (XLV of 1860), Ss. 337-A(i), 337-F(ii), 147, 148 & 149Shajjah-i-khafifah, badi'ah, rioting, armed with deadly weapon, common objectPetition for cancellation of pre-arrest bailInterpretation of Ss. 498 & 496, Cr.P.C.Bailable offencePre-arrest bailScopeAccused was alleged to have beaten the petitioner and her daughterChallan had been submitted before the Trial CourtPrima facie accused was involved in bailable offence

Expression "admitted to bail" used in S. 498, Cr.P.C. and words "shall be released on bail" occurring in S. 496, Cr.P.C. were synonymous and appeared to have been used interchangeably

Words "appears", "court" and "shall be released on bail" used in S. 496, Cr.P.C. were mandatory in nature and empowered a Court of Session or High Court to grant pre-arrest bail to a person involved in bailable offence as envisaged in S. 496, Cr.P.C.

No illegality or infirmity was committed by the court below while granting pre-arrest bail

Petition for cancellation of bail was dismissed

2014 PLD 760 SUPREME-COURT Judicial Precedent

S. 497BailBailable offence

In a case involving a bailable offence bail was to be granted to an accused person as of right.