M UHAM M AD TARIQ AFRIDI, J.- The accused / petitioner Mati Ullah seeks post-arrest bail in case FIR No.258 dated 20.06.2025 registered under Sections 352 / 337-A(ii) / 336 PPC at Police Station Basia Khel, Bannu.
2. Brief facts of the prosecution case are that on 12.05.2025, at about 17:00 hours, the complainant, Amin Ullah, in an injured condition, lodged a report at Police Station Basia Khel. According to the report, on the same day, at around 16:15 hours, the complainant and his brother Mahad Khan were present near their residence when their rooster entered the agricultural land of accused Mati Ullah.
Subsequently, Mahad Khan stepped into the said field to chase the rooster out. In the meantime, accused Mati Ullah, armed with a sickle, arrived at the spot and began hurling abuses at Mahad Khan for entering his land. When the complainant attempted to restrain the accused from using abusive language, the accused struck the complainant with the back side of his sickle. As a result, the complainant sustained an injury to his mouth. After the incident, the accused fled from the scene. The motive behind the occurrence was stated to be the complainant's brother entering the accused's agricultural land to chase their rooster out of it. Hence, the FIR.
3. Arguments heard. Record perused.
4. It transpires from the record that the offence under Section 352 PPC is bailable, whereas, Section 337-A(ii) PPC carries a maximum punishment of five years imprisonment, which does not attract the prohibitory clause of Section 497 Cr.P.C. and Section 336 PPC prescribes punishment with imprisonment upto 10 years as alternate, when, after consultation with doctor the punishment of Qisas is not executable.
5. The question that arises is under what circumstances the sentence of imprisonment as Ta'zir under Section 336 PPC can be awarded in addition to Arsh. In this regard, sub-section (2) of Section 337-N PPC lays down that in all cases of hurt under Chapter XVI of the Pakistan Penal Code, 1860, the Court may, in addition to Arsh, impose a sentence of Ta'zir only when the accused is a previous convict, or is found to be a habitual, hardened, desperate, or dangerous criminal, or when the offence has been committed in the name or on the pretext of honour.
6. It is pertinent to mention that nothing has been brought on the record to show that the petitioner is a previous convict, habitual, hardened, desperate, and a dangerous criminal or that the occurrence took place in the name or on the pretext of honour. The FIR suggests that the occurrence stemmed from a sudden and localized dispute over a trivial matter involving the complainant's brother chasing a rooster out of the petitioner's agricultural field. The injury allegedly caused was by the back of a sickle and was not repeated or aggravated in a manner that would shock public conscience. In this background, the likelihood of the petitioner being awarded any sentence of imprisonment as Ta'zir is a question to be determined at the trial, making the present case open to further probe within the ambit of Section 497(2) Cr.P.C.
7. Consequently, this bail petition is allowed. The petitioner is admitted to post-arrest bail, provided he furnishes bail bonds in the sum of Rs.100,000/- (Rupees One Hundred Thousand) with two sureties each to the satisfaction of the concerned Judicial Magistrate / MOD, who shall ensure that the sureties are local, reliable, and men of means.