RIAZ HUSSAIN vs STATE and another
This matter concerns a petition for post-arrest bail filed by the petitioner, Riaz Hussain, who was charged under Sections 337F(i), 337F(ii), 337F(iv), 337A(i), and 324 of the Pakistan Penal Code 1860, following an alleged assault on his wife. The core legal question was whether the petitioner was entitled to bail pending trial, considering the nature of the injuries, the existence of cross-injuries sustained by the petitioner, and the delay in the trial process. The Court held that the petitioner was entitled to bail, noting that the complainant had also inflicted injuries on the petitioner, the recovery of the weapon was delayed by three months, and the petitioner had been incarcerated since July 2017 without the trial concluding. The Court established the principle that where the guilt of an accused is yet to be determined and there is no evidence that the delay in trial is attributable to the accused, continued incarceration prior to the establishment of the charge may amount to a pre-trial sentence, thereby justifying the grant of bail.
- Does the existence of cross-injuries sustained by the accused in a domestic dispute support a grant of post-arrest bail?
- Can a significant delay in the trial process, not attributable to the accused, justify the grant of post-arrest bail?
- Does the delayed recovery of an alleged weapon of offence affect the strength of the prosecution's case for the purpose of bail?
- Section 337F(i), Pakistan Penal Code 1860
- Section 337F(ii), Pakistan Penal Code 1860
- Section 337F(iv), Pakistan Penal Code 1860
- Section 337A(i), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
ORDER
Riaz Hussain, petitioner seeks post arrest bail in case FIR No, 353/2017, registered under Sections 337F(i), 337F(ii), 337F(iv), 337A(i), 324, PPC with Police Station City Shujabad District Multan.
2. As per crime report, there were some family disputes between petitioner and his wife and on 26.06.2017, at 'Fajr Waila' petitioner while armed with 'Chhurra' entered into his own house and inflicted 'Chhurra' blows at different ports of body of complainant/his wife resulting into injuries at different parts of her body.
3. After having heard learned counsel for parties and perusing, the record, it is found that there are family disputes between the spouses and on the day of alleged occurrence, complainant, after abusing her husband/petitioner, inflicted injuries on her person and also to petitioner which fact is verified from medico-legal certificate of the petitioner who, received injuries at the hands of complainant. It is further found that the alleged weapon of offence i,e, 'Chhurra' recovered at the instance of petitioner is bloodstained but such recovery was made after three months of occurrence, thus, it's veracity/legality of the same, is subject matter of trial. Petitioner is facing incarceration since 22.07.2017, without conclusion of his trial and there is no allegation against him that this delay is being caused on the part of petitioner. The guilt of petitioner in commission of offence is yet to be determined by learned trial Court, so, before establishment of charge, keeping him behind bars, may amount pre-trial sentence. Accordingly, petitioner is entitled for the relief of bail.
4. For the reasons stated above, this petition is allowed and petitioner Riaz Hussain is admitted to post arrest bail subject to furnishing of bail bonds in the sum of Rs. 200,000/- (Rupees Two Lakhs