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Petitioner: MUHAMMAD YOUSIF VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Mamoon Kazi, Munir A. Sheikh Title: MUHAMMAD YOUSIF vs THE STATE Case No.: Criminal Petition No,22-K of 1999 Cr. Bail Application No,730/98 Date of Judgment:1999-07-21 Reported As: 2000 SCMR 79 Result: Bail allowed
Judgment ORDER ' MAMOON KAZI, J.---The petitioner, who was a police constable, was arrested on 4-7-1995 in connection with F.I.R. Which had been lodged at Police Station "A" Section Kandhkot. It was alleged that he had used his service-rifle to cause death of Azhar Ali and Khuda Buksh and injuries to Ghulam Farid. The petitioner filed his bail application before the High Court invoking the third proviso to section 497, Cr.P.C. However, the learned Judge took the serious view of the matter as the service-rifle given to the petitioner was meant for protection of citizens rather than commission of a crime. Consequently, the bail application of the petitioner was dismissed as the High Court held that the case of the petitioner fell within the exceptions. 2. Although, we agree with the observations made by the learned Judge in the High Court that the act of the petitioner was condemnable, but we are unable to agree with the finding that the case of the petitioner fell within the exceptions. No doubt, the circumstances of the case in which bail is sought by the petitioner can be considered to arrive at a conclusion that his case falls within the exceptions to the third proviso to section 497, Cr.P.C., but in our view, the learned Judge in the High Court failed to consider that the reasons stated by him for declining bail to the petitioner cannot take the case out of the purview of the third proviso. 3. In the result, the petition is coverted into an appeal and the petitioner is admitted to bail in the sum of Rs,3,00,000 (three lacs) with one surety to the satisfaction of the learned Trial Court. The appeal is disposed of accordingly.