Distinction Between Sections 279, 320 and 322 PPC
The Lahore High Court held that it is the responsibility of the Court- not the policeto- determine the correct legal nature of an offence. Merely because the police insert particular penal sections in the FIR does not make those provisions final or binding upon the Court. The Court must independently examine the FIR and the material collected during investigation to determine which offence is prima facie attracted.
The Court observed that sections 279, 320, and 322 PPC operate in different legal spheres. Section 279 concerns rash and negligent driving, whereas sections 320 and 322 relate to cases where death results from such conduct. The Court noted that determining whether a case properly falls under section 320 PPC or section 322 PPC requires a detailed assessment of facts and evidence. Therefore, such determination should ordinarily be made during trial rather than conclusively at the bail stage.
Meaning of May Arrest Without Warrant
While interpreting the phrase “may arrest without warrant” appearing in Schedule II of the Code of Criminal Procedure, the Court clarified that it simply means the offence is cognizable, allowing the police to arrest and investigate without prior judicial permission. However, this classification does not automatically bar pre-arrest bail or make arrest compulsory in every case.
Whether Diyat-Only Punishment Creates a Right to Bail
A major argument raised by the petitioner was that section 322 PPC prescribes only diyat and not imprisonment; therefore, pre-trial detention would be unjustified. The Court acknowledged that there are conflicting judicial opinions on this issue. One view maintains that because section 322 PPC is specifically classified as a non-bailable and cognizable offence, the accused may still be arrested and detained during investigation despite the punishment being limited to diyat. According to this approach, the nature of punishment alone does not create an automatic right to release.
Principles Governing Pre-Arrest Bail
The Court ultimately held that pre-arrest bail in offences under section 322 PPC is not available as a matter of right. Such relief must be decided according to the settled principles governing non-bailable offences, including the seriousness of allegations, available material on record, and whether mala fide or abuse of process has been demonstrated.
