MUHAMMAD HAROON vs STATE & another
The petitioner Muhammad Haroon sought post-arrest bail in case FIR No. 276 registered under Sections 337-A(i), 337-A(iii), 337-L(ii), and 34 of the Pakistan Penal Code 1860 at Police Station Abdul Hakeem, District Khanewal. The core legal question was whether the petitioner was entitled to post-arrest bail given the nature of the allegation and the circumstances of the case. The Lahore High Court held that the petitioner was entitled to bail as only a single fist blow to the nose was attributed to him, the twenty-day delay in lodging the FIR remained unexplained, the petitioner had already joined the investigation and was no longer required for investigative purposes, and his guilt fell within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The key principle laid down is that where an injury is minor, the delay in FIR registration is unexplained, and the accused is no longer required for investigation, the case falls for further probe, warranting the grant of post-arrest bail.
- Whether an unexplained delay of twenty days in lodging the FIR constitutes a ground for further inquiry entitling the accused to post-arrest bail?
- Does a single attributed fist blow resulting in a nasal fracture warrant the grant of post-arrest bail when the accused has already joined the investigation?
- When does the guilt of an accused become a matter requiring further probe under criminal jurisprudence?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Petitioner Muhammad Haroon sought post arrest bail in case FIR No, 276 dated 21.11.2014, offence under Sections 337-A(i), A(iii), L(ii)/34, PPC, registered at Police Station Abdul Hakeem, District Khanewal.
2. Allegation in brief against petitioner is that he gave fist blow on the nose of complainant resulting into fracture thereof.
3. Heard. Perused.
4. It is evident from the contents of FIR that only one fist blow on the nose of complainant was attributed to present petitioner. In the MLC of complainant, Injury No, 2 was noted as painful swelling on nosal cavity, it was 1 cm from base of nose. Delay of 20-days in lodging the FIR remained unexplained on the part of prosecution. Petitioner has already joined investigation and is no more required for the purpose of investigation. From the -material available on record, guilt of petitioner needs further probe and his case calls for further inquiry. Resultantly, this petition is allowed and petitioner shall be released on 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.
(R.A.) 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.