Abdul Rasheed and 2 others vs The State and another
This petition for pre-arrest bail arises from FIR No. 234/15 registered under sections 337A(i), 337A(ii), 337F(v), 337L(2), 147, and 149 of the Pakistan Penal Code 1860. The core legal question is whether the petitioners are entitled to confirmation of pre-arrest bail given the existence of a cross-version, unexplained delay in FIR registration, and the nature of the alleged injuries. The Court held that the petitioners are entitled to confirmation of bail. It observed that the two-day delay in FIR registration, coupled with the existence of a cross-version where the complainant suppressed injuries caused to the petitioners, rendered the prosecution's case doubtful. Furthermore, the Court noted that the petitioners were previous non-convicts and the investigation was already complete, rendering custodial interrogation unnecessary for recovery purposes. The key principle laid down is that in cases of cross-versions where the complainant suppresses the injuries of the accused, and where the investigation is complete, the accused are entitled to pre-arrest bail as the prosecution's narrative becomes suspect and custodial detention serves no useful purpose.
- Does the existence of a cross-version in a criminal case entitle the accused to pre-arrest bail?
- Can pre-arrest bail be granted when the investigation is complete and recovery of weapons is no longer relevant?
- Is an unexplained delay in the registration of an FIR a valid ground for granting pre-arrest bail?
- Section 498, Code of Criminal Procedure 1898
- Section 337A(i), Pakistan Penal Code 1860
- Section 337A(ii), Pakistan Penal Code 1860
- Section 337F(v), Pakistan Penal Code 1860
- Section 337L(2), Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337N(2), Pakistan Penal Code 1860
Through this petition under Section 498 Cr.P.C. the petitioners have sought pre-arrest bail in case FIR No.234/15 dated 09.01.205, under sections 337A(i), 337A(ii), 337F(v), 337L(2), 147, 149 PPC registered at Police Station Satrah, District Sialkot.
2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail before arrest and only tentative assessment is permissible at this stage, therefore, without going deeper into the merits of the case it has been noticed that although the petitioners are named in FIR, yet the fact remains that there is a delay of two days in registration of FIR, which has not been explained by the complainant, which prima facie shows that the FIR has been got registered after due deliberation and consultation. Even otherwise, the injuries attributed to Tariq and Awais petitioners No.2 and 3 fall under sections 337A(i) and 337L(2) PPC, which are bailable, whereas the injury attributed to Abdul Rasheed petitioner falls under section 337A(ii) PPC, which carries maximum punishment upto five years only.
Furthermore, after the registration of instant FIR cross-version was also got recorded by the petitioner side which still holds field, through which medico legal certificates of the petitioners/ injured have been brought on record, which clearly shows that the complainant has suppressed the part played by his side for causing injuries to the petitioners during the occurrence, so the story narrated by the complainant in the FIR has become doubtful. It has become a case of two versions one put forward by the complainant of the FIR and the other in the shape of cross-version recorded by the petitioner side and which version is correct is to be determined by the learned trial court after recording evidence. It is also pertinent to mention here that the accused of cross-version case have already been released on bail on the basis of compromise between the parties.
Admittedly the petitioners are previous non-convict. Neither they are hardened, dangerous, desperate criminal nor have committed the alleged offence on the pretext of honour , therefore, section 337N(2) PPC also comes to their rescue. The person of the petitioners cannot be handed over to police only for the purpose of effecting recovery , which otherwise has lost relevancy with the passage of time as occurrence in this case took place on 07.07.2015. In such situation, recovery of weapons of offence after the elapse of more than three and half months is of little help to the prosecution. In this regard, reliance can be placed on 2014 SCMR 1349 . The petitioners have already joined the investigation which is complete, therefore, no useful purpose would be served by sending him behind the bars so as to enable him to come out of jail on post arrest bail after few days.
3. For what has been discussed above, false implication of the petitioners by the complainant cannot be ruled out of consideration. Resultantly , the ad-interim pre-arrest bail already granted to the petition ers vide this Court' s order dated 22.09.2015 is hereby confirmed subject to furnishing bail bonds in the sum of Rs.50,000/- (Rupees fifty thousand only) each with one surety in the like amount to the satisfaction of learned Trial Court/Area Magistrate.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.