MUHAMMAD YOUNUS and another vs THE STATE
This matter arises from a bail application filed by applicants Muhammad Younus and another seeking pre-trial or post-arrest release in a criminal case registered under allegations of dacoity, police encounter, and firearms use. The core legal question concerns whether the accused are entitled to bail when the primary complainant has filed an affidavit retracting the allegations contained in the First Information Report and stating that no such incident occurred as alleged. The court held that in view of the complainant's affidavit and the lack of opposition from the State, the bail application should be granted. The key principle laid down is that where the complainant disowns the F.I.R. through a sworn affidavit and the State does not object, sufficient grounds exist to admit the accused to bail.
- Whether bail should be granted when the complainant files an affidavit retracting the allegations in the FIR?
- Does the lack of objection from the State influence the grant of bail in criminal proceedings?
ORDER
1. ' MRS. YASMIN ABBASEY, J.--- Granted.
2. 2 and 3. On 24-9-2008, it was reported by complainant Pervez Ali that on that particular day, two persons on gun point asked him to hand over whatever he has in his possession. In the meanwhile, two police personnel on motorcycle were found coming there, accused persons made firing on them, police personnel also reverted in their defence, which injured both the culprits Muhammad Younus son of Muhammad Pannah and Ashiq Ali soh of Peer Bakhsh. They were taken in custody along with the weapons and because of the injuries, were admitted in hospital. Subsequently, during the pendency of this bail application, an affidavit was filed by complainant Parvez Ali stating therein that no such statement, as alleged in the F.I.R., hap tined on 24-9-2008 and he has not reported at police station what has been stated in the F.I.R.
3. ' On the basis of such affidavit, learned counsel for the State has no objection for the grant of this application.
4. ' Accordingly, applicants are allowed to be released on bail subject to their furnishing surety in the sum of Rs,50,000 (Rupees fifty thousands only) each, and P.R. Bonds 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.