Ali Raza vs The State and another
This matter concerns a petition for pre-arrest bail filed under Section 498 of the Code of Criminal Procedure 1898 in relation to FIR No. 366/15, involving offences under Sections 337A(i), 337A(iii), and 337L(2) of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to the confirmation of pre-arrest bail given the circumstances of the case. The Court held that the petitioner was entitled to bail, noting a three-day unexplained delay in lodging the FIR, which suggested deliberation and consultation. Furthermore, the Court observed that the petitioner was a previous non-convict, not a hardened criminal, and the offence was not committed on the pretext of honour, thereby invoking the protective provisions of Section 337N(2) of the Pakistan Penal Code 1860. Additionally, the petitioner had joined the investigation and no recovery was required. Consequently, the Court confirmed the ad-interim pre-arrest bail. The key principle established is that the absence of criminal history and the non-commission of an offence on the pretext of honour, combined with procedural delays in FIR registration, support the grant of pre-arrest bail.
- Does an unexplained delay in lodging an FIR suggest deliberation and consultation?
- Can a previous non-convict who has joined the investigation be granted pre-arrest bail for offences under the Pakistan Penal Code 1860?
- Does the absence of an offence committed on the pretext of honour entitle an accused to relief under Section 337N(2) of the Pakistan Penal Code 1860?
- Section 498, Code of Criminal Procedure 1898
- Section 337A(i), Pakistan Penal Code 1860
- Section 337A(iii), Pakistan Penal Code 1860
- Section 337L(2), Pakistan Penal Code 1860
- Section 337N(2), Pakistan Penal Code 1860
Through this petition under section 498 Cr.P.C. The petitioner has sought bail before arrest in case FIR No.366/15, dated 27.08.2015 registered at Police Station Gogera, District Okara for the offences under Sections 337A(i), 337A(iii), 337L(2) PPC.
2. I have heard the learned counsel for the petitioner, learned Deputy Prosecutor General and learned counsel for the complainant and have also gone through the record with their able assistance. This is bail before arrest and only tentative assessment is required at this stage. It has been noticed that although the petitioner is named in FIR, yet the fact remains that there is a delay of three days in reporting the matter to the police, which has not been explained by the complainant, which prima facie shows that the FIR has been lodged after due deliberation and consultation. Admittedly the petitioner is previous non-convict; neither he is hardened, dangerous, desperate criminal nor he has committed the alleged offence on the pretext of honour, therefore, section 337N(2) PPC comes to his rescue. He has already joined the investigation and nothing is to be recovered from him as no weapon has been used by him during the occurrence.
3. For what has been discussed above, keeping in view the provisions of section 337N(2) PPC, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioner vide this Court's order dated 19.10.2015 is hereby confirmed subject to his furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand only) 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.