Zawar Hussain And Other vs The State
This matter arises from a post-arrest bail application filed by Zawar Hussain before the Lahore High Court in connection with FIR No. 196 dated 4.10.2003 registered at Police Station Daud Khel, District Mianwali, under Sections 324, 337-A(ii), F-(iii), 34 of the Pakistan Penal Code 1860. The co-petitioner Haqdad's bail application was dismissed as withdrawn upon being not pressed. The core legal question addressed is whether the petitioner is entitled to post-arrest bail given the allegations and evidentiary material on record. The court held that a prima facie case was established against the petitioner, noting that prosecution witnesses were still recovering and no grounds for further inquiry or bail were made out. Consequently, the court dismissed the bail petition.
- Whether a petitioner is entitled to post-arrest bail when a prima facie case under Section 324 of the Pakistan Penal Code 1860 is established?
- Does the ongoing medical treatment or convalescence of prosecution witnesses preclude the grant of bail?
- What constitutes a case of further inquiry under criminal jurisprudence for the purpose of granting bail?
- Section 324, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
ALI NAWAZ CHOWHAN, J.-Learned counsel for the petitioners at the very outset stated that he does not press this bail application as far as Haqdad petitioner is concerned. This bail application is dismissed as withdrawn to his extent.
2. Zawar Hussain petitioner is asking for his postarrest bail in case FIR No. 196, dated 4.10.2003, registered at Police Station Daud Khel, District Mianwali, under Sections 324, 337-A(ii), F-(iii), 34, PPC.
3. The story of the FIR as narrated by the complainant is as follows:- ((Urdu Text))
4. A prima facie case is made against the petitioner involving him in connection with this offence.
There is nothing on record to suggest that his was a case of further inquiry PWs is still in the hospital while the other was convalescing. No good grounds are made for his bail. Dismissed.