NAZIK HUSSAIN alias GHULAM NAZIK and anothers vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioners, who were accused of causing injuries with sticks to the complainant, in a case registered under sections 337-F(v), 337-L(b), and 34 of the Pakistan Penal Code 1860. The core legal questions were whether the petitioners were entitled to bail given the circumstances of the case, the delay in lodging the First Information Report, and the nature of the alleged offences. The Court granted bail to the petitioners, holding that the delay of three days in lodging the First Information Report remained unexplained, the petitioners had been incarcerated for four months without the trial commencing, and the alleged offences did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. Furthermore, the Court noted the possibility that the case was a counter-blast to an earlier case registered against the complainant's family. The key principle established is that bail may be granted when offences do not fall within the prohibitory clause and there is a significant delay in trial commencement.
- Does an unexplained delay in lodging an FIR constitute a ground for granting bail?
- Are offences under sections 337-F(v) and 337-L(b) of the Pakistan Penal Code 1860 covered by the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Can the existence of a prior criminal case between the parties influence the court's decision to grant bail in a subsequent cross-case?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-L(b), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' NAZIR AHMAD SIDDIQUI, J.---Petitioners seek post-arrest bail in a case registered vide F.I.R. No.185 of 2005 dated 29-8-2005 under sections 337-F(v), 337-L(b) and 34, P.P.C. At Police Station Muhammadpur District Rajanpur.
2. As per F.I.R. Petitioners caused injuries with their sticks on the wrist of right hand and back of left hand and buttocks of left leg of the complainant.
3. Arguments heard. Record perused.
4. There is a delay of three days in lodging the F.I.R., not properly explained; that the petitioner is behind the bars for the last almost four months and there is no likelihood of commencement of the trial in near future; that the alleged offences do not fall within the Prohibitory Clause of section 497, Cr.P.0 .; that a criminal case A has already been registered vide F.I.R. No.183 dated 26-8-2005 under section 324, P.P.C. On the report of Sadiq Hussain, a brother of the petitioner Nazak Hussain against Akbar, son of the complainant, so, the possibility cannot be ruled out that the present case against the petitioners may be a counter blast of the same. bail bonds in the sum of Rs.50,000 (Rs.Fifty thousand) each with two sureties each in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.