AAMIR ABBAS vs STATE and anothers
The petitioner sought post-arrest bail in case F.I.R. No. 9/2016 registered under Sections 324, 337-F(i), 337-F(ii), 337-F(v), 354, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Haveli Koranga, Khanewal, on allegations of being a member of an unlawful assembly and causing injuries to the complainant's son. The core legal question was whether the petitioner made out a case for the grant of post-arrest bail. The Lahore High Court accepted the petition and admitted the petitioner to post-arrest bail. The court reasoned that there was an inordinate and unexplained delay of approximately sixty hours in lodging the FIR, co-accused were declared innocent during investigation, there was no allegation of repetition of fire against the petitioner, the investigation was complete making further incarceration pointless, and reasonable grounds existed to believe the petitioner's non-involvement. The key principle laid down is that delayed lodging of an FIR, coupled with the exoneration of co-accused during investigation and the completion of the investigative process without necessity of further incarceration, warrants the concession of post-arrest bail.
- Whether an inordinate and unexplained delay in lodging the FIR constitutes a ground for granting post-arrest bail?
- Does the exoneration of co-accused persons during investigation support the case for bail of another co-accused?
- Whether the completion of investigation and the fact that further incarceration serves no useful purpose justifies the release of an accused on bail?
- Section 324, Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' Aamir Abbas, the petitioner seeks post-arrest bail in case F.I.R. No, 9/2016 dated 15.1.2016, under Sections 324, 337-F(i), 337- F(ii), v), 354, 148, 149, P.P.C., registered at Police Station Haveli Koranga, Khanewal.
2. Allegedly, the petitioner being member of unlawful assembly and in prosecution of its common object caused injuries to Ghulam Hussein, a son of the complainant.
3. After hearing the learned counsel for the parties and perusing the record, it was observed:
(i) That there was inordinate/unexplained delay of about sixty hours in lodging the F.I.R.;
(ii) That the co-accused, of the petitioner including Haq Nawaz, Mureed Abbas and Zaheer were declared innocent during the investigation. Ref: "Aabid. v. The State and others" (2012 SCM R 647).
(iii) That there is no allegation of repetition of fire against the petitioner and, thus, if he intended to eliminate Ghulam Hussain would be determined by the learned trial Court after recording some evidence at trial;
(iv) That recovery has been effected from the petitioner during the course of investigation;
(v) That the petitioner is behind the bars since his arrest which would serve no purpose to the prosecution, in particular, when the investigation is complete;
(vi) That there are reasonable grounds exist to believe that the petitioner was not involved in this case, thus, I am inclined to exercise my discretion in favor of the petitioner.
4. For the reasons mentioned above, the application is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs, 1, 00,000/- with one surety in the like amount to the satisfaction of learned trial Court/duty judge.