Qayyum and another vs The State and another
This matter comes before the Lahore High Court through a petition filed under Section 498 of the Code of Criminal Procedure 1898, wherein the petitioners sought pre-arrest bail in respect of FIR No. 260/15 registered at Police Station Zafarwal, District Narowal for offences under Sections 337A(ii), 337F(i), 337F(iii), 337L(2), 148, and 149 of the Pakistan Penal Code 1860. The core legal question examined was whether the petitioners were entitled to confirmation of pre-arrest bail in light of unexplained delay in FIR registration, general allegations, previous non-convict status, and existing civil litigation between the parties. The court held that malafide and false implication could not be ruled out due to an unexplained twelve-day delay in reporting the crime, general role attribution alongside ten co-accused, pending civil litigation, and the applicability of Section 337N(2) of the Pakistan Penal Code 1860. Consequently, the ad interim pre-arrest bail granted to the petitioners was confirmed. The key principle laid down is that where an FIR shows unexplained delay, general allegations without specific role attribution, and stems from background civil litigation, the accused is entitled to pre-arrest bail, particularly when protected as a previous non-convict under penal provisions.
- Whether unexplained delay in the registration of an FIR can be a ground for confirming pre-arrest bail?
- Does the assignment of only general allegations to accused persons without specific roles warrant the confirmation of pre-arrest bail?
- Can pending civil litigation between the parties support the possibility of false implication in criminal proceedings for the purpose of bail?
- Are previous non-convicts entitled to consideration under Section 337N(2) of the Pakistan Penal Code 1860 during bail proceedings?
- Section 498, Code of Criminal Procedure 1898
- Section 337A(ii), Pakistan Penal Code 1860
- Section 337F(i), Pakistan Penal Code 1860
- Section 337F(iii), Pakistan Penal Code 1860
- Section 337L(2), Pakistan Penal Code 1860
- Section 148, 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. Qayyum and Faisal petitioners have sought pre-arrest bail in case FIR No.260/15, dated 20.07.2015 registered at Police Station Zafarwal, District Narowal in respect of offences under Sections 337A(ii), 337F(i), 337F(iii), 337L(2), 148, 149 PPC.
2. I have heard the learned counsel for the parties and have gone through the record of this case with their able assistance. This is bail before arrest, deeper appreciation of evidence is not allowed and only tentative assessment is required at this stage. It has been noticed that there is a delay of twelve days in regist ration of FIR, which has not been explained by the complainant, which prima facie shows that the FIR has been got recorded after due deliberation and consultation. Moreso, no specific role in the commission of alleged occurrence has been assigned to the present petitioners and only general allegation of giving beating to the complainant and his companions is leveled against the petitioners and their ten other co-accused. Civil litigation is pending between the parties and that can be the reason for false implication of the petitioners by the complainant in the instant case by spreading the net wide. The person of the petitioner 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 08.07.2015. In such situation, recovery of weapons of offence i.e. "danday , sotay" is of little help to the prosecution. In this regard, reliance can be placed on 2014 SCMR 1349 . Admittedly the petitioners are previous non-convict and never involved in any other case of such like nature, therefore, section 337N(2) PPC comes to their rescue as they are not previous convicts, neither they are hardened, dangerous, desperate criminals nor they have committed the alleged offence on the pretext of honour . They have already joined the investigation, which is complete to their extent, therefore, no useful purpose would be served by sending them behind the bars so as to enable them to come out of jail on post arrest bail after few days.
3. For what has been discussed abov e, false implication of the petitioners by the complainant with ulterior motive and malafide intention cannot be ruled out of consideration, therefore, the ad interim pre-arrest bail already granted to the petitioners is 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 the learned trial court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.