MUHAMMAD AKHTAR vs State Ss — 2025 SCMR 1631 SUPREME-COURT

Case information

Citation: 2025 SCMR 1631 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: MUHAMMAD AKHTAR vs State Ss
Subject matter: Criminal
Provisions referred to: Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AKHTAR VS State Ss. 497(2) & 498---Penal Code (XLV of 1860), Ss. 337-A(i), 337-F(i), 337-F(vi), 337-L(2) & 34---Constitution of Pakistan, Art.185(3)---Shajjah-i-khafifah, ghayr-jaifah-damiyah, munaqqilah, causin hurt, common intention---Pre-arrest bail, grant of---Further inquiry---Allegation against the petitioner was that he along with co-accused caused fracture on the little finger of the complainant by giving blows with a wheel spanner---Legally speaking, out of the offences with which the petitioner was charged, Sections 337-F(i), 337-A(i) and 337-L(2), P.P.C., were bailable and in such like offences bail was a right, whereas, punishment of the offence under Section 337-F(vi) P.P.C. did not fall within the prohibitory clause of Section 497, Cr.P.C., and in such like offences grant of bail was a rule and refusal thereof an exception---In such view of the matter, if petitioner was denied the extra ordinary concession of pre-arrest bail, he would nonetheless be entitled to post-arrest bail, considering the nature and extent of the punishment prescribed for the offences with which he stood charged---Once the Court concluded that the accused would become entitled to post-arrest bail upon dismissal of his pre-arrest bail application, then requiring him to undergo incarceration would be a mere procedural formality devoid of any meaningful purpose---Petition was converted into an appeal and was allowed, in circumstances, and accused was granted pre-arrest bail.

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