Law: Pakistan Penal Code (PPC),1860

Section: 322, 279, 337-G & 427

Law: Code of Criminal Procedure, 1898

Section: 497

 Case Summary

1. Facts of the Case

• Muhammad Shakeel sought post-arrest bail in FIR No.01 dated 02.01.2026, registered at P.S. City Hassan Abdal, District Attock.
• The case arose from a road accident in which a dumper allegedly hit a motorcycle from behind, causing serious injuries to Mudassar, who later died.
• Initially, the FIR was registered against an unknown driver.
• On 04.01.2026, the complainant nominated Tariq Mehmood as an accused.
• His pre-arrest bail was later confirmed.
• The present petitioner, Muhammad Shakeel, was nominated only on 22.06.2026, more than five months after the FIR, mainly on the basis of Call Data Record (CDR).
• The offence under Section 320 PPC was deleted and Section 322 PPC was added.
• The petitioner had remained in custody since 22.06.2026, while investigation had already been completed.

2. Main Legal Issues

1. Whether an offence punishable only with Diyat under Section 322 PPC falls within the prohibitory clause of Section 497 Cr.P.C.
2. Whether the petitioner could be denied bail when his nomination was based mainly on CDR evidence.
3. Whether his prolonged custody was justified after completion of investigation.

4. Court's Key Findings

A. Section 322 PPC did not attract the prohibitory clause

The Court observed that Section 322 PPC carries Diyat only, without imprisonment.

Therefore, even though it is technically non-bailable, it does not fall within the prohibitory clause of Section 497 Cr.P.C.

Hence: