Housebreaking by Night: Bail Refused Under Section 458 PPC - 2023 SCMR 1182
Legal Case Summary: 2023 SCMR 1182
Case Summary:
In the case of 2023 SCMR 1182, the accused sought bail in a situation involving housebreaking by night with the intent to cause harm, assault, or wrongful restraint. The bail was refused based on the following key points:
1. Facts of the Case:
The First Information Report (FIR) alleged that the accused and his accomplices committed housebreaking by night.
They trespassed into the complainants' house by scaling the wall, an act fitting the definition of housebreaking under Section 445(2) of the Pakistan Penal Code (P.P.C.).
The act was committed at night, defined as the period after sunset and before sunrise under Section 446, P.P.C.
2. Legal Provisions Involved:
The offence was classified under Section 458 of the P.P.C., which deals with housebreaking by night after preparation for causing hurt. This section is punishable with imprisonment up to fourteen years.
The FIR initially cited Section 452 of the P.P.C., but the court determined that the facts better fit Section 458.
3. Prohibitory Clause:
Section 458 falls within the prohibitory clause of Section 497(1) of the Criminal Procedure Code (Cr.P.C.), which restricts the granting of bail for offences punishable with death or imprisonment for ten years or more.
4. Court's Decision:
Considering the severity of the charges and the involvement of the accused, the court found that his case fell within the prohibitory clause.
Consequently, the petition for leave to appeal was dismissed, and the accused was refused bail.
Key Legal Takeaways:
Housebreaking by Night: Scaling the wall to enter someone's house after sunset and before sunrise with the intent to cause harm constitutes housebreaking by night under Section 458 P.P.C.
Prohibitory Clause: Offences punishable with imprisonment of ten years or more fall under the prohibitory clause of Section 497(1) Cr.P.C., making bail difficult to obtain.
Judicial Discretion: Courts exercise discretion in interpreting the facts and applying the correct legal provisions, as seen in the shift from Section 452 to Section 458 P.P.C. in this case.
This case highlights the strict legal stance against serious offences like housebreaking by night and the challenges in securing bail for such charges.