Asif Ali @ Ghazi vs State
This bail application was brought before the High Court of Sindh by the applicant seeking confirmation of pre-arrest bail in a case registered under Sections 337A(ii), 337F(i), and 504 of the Pakistan Penal Code 1860, following the dismissal of his application by the Additional Sessions Judge. The core issue before the court was whether the applicant was entitled to confirmation of pre-arrest bail in light of an unexplained delay in lodging the FIR, a discrepancy in medical evidence, and the non-applicability of the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The High Court confirmed the interim pre-arrest bail, noting an unexplained four-day delay in lodging the FIR, the suspension of the injured party's medical certificate by the Medical Board, and the fact that the alleged offences carry a maximum punishment of up to five years. The court reaffirmed the settled legal principle that where an offence does not fall within the prohibitory clause of Section 497, the grant of bail is the rule and refusal is an exception.
- Whether an unexplained delay of four days in lodging an FIR creates sufficient ground for confirming pre-arrest bail?
- Does the suspension of an injured party's medical certificate by a Medical Board justify the confirmation of bail?
- Whether the grant of bail is the rule and refusal an exception in offences that do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Section 337A(ii), Pakistan Penal Code 1860
- Section 337F(i), Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Through instant bail application, applicant Asif Ali @ Ghazi seeks pre-arrest bail in Crime No. 30/2019 registered at Police Station, Jarwar district, Ghotki for offence under Sections 337A(ii), 337F(i), 504, PPC. Earlier his bail application was declined by learned II-Additional Sessions Judge, Mirpur Mathelo vide order dated 7.9.2019.
2. The facts in brief necessary for dispo sal of instant bail application are that on 1.8.2019 at 07:30 hours the applicant along with co-accused Ghulam Hussain, Ulfat and Qasim Khan @ Razi armed with lathis came near the house of complainant Mai Sakeena. The applicant Asif All has caused lathi blow on the head of the injured Akhtiar while accused Ghulam Hussain caused lathi blow on his back.
The complainant party raised cries there after accused persons ran away theref ore, they have been booked in aforesaid crime.
3. Learned Counsel for applicant conte nds that the applicant has falsely been involved in this case by the complainant with ulterior motives. There is unexplained delay of about 04 days in registration of FIR for which no plausible explanation has been furnished by the complainant. He further submits that medical certificate issued in favour of the injured has been suspended by medical board vide letter dated 08.11.2019. He further subm its that though allegation against present applicant is of causing lathi injuries to injured Akhtiar Ali but on the contrary the injury shown in MLC is of sharp cutting weapon. Learned Counsel further submits that offence does not fall within the prohibitory clause of Section 497(2), Cr .P.C. By stating so, he prayed for confirmation of bail.
4. Learned Deputy Prosecutor General appearing for the State conceded for confirmation of bail in view of the above fact.
5. Heard arguments of learned Counsel for the parties and perused the record. Admittedly , the incident has taken place on 1.8.2019 at 0730 hours however , the report was lodged on 5.8.2019 at 1815 hours after 04 days of the incident but no plausible explanation for such delay in FIR has been explained by the complainant. It is observed that other male members were available in the house but one lady has got registered FIR only in order to take sympathy in registration of FIR. Furthermore, the medical certificate issued in favour of injured has been suspended by the Medical Board vide Letter No. 5068 dated 8.11.2019, such letter has been placed on record by the learned Counsel for applicant. The offence for which the applicant is charged is punishable up to five years which does not fall within the prohibitory clause of Section 497(2), Cr.P.C. The bail in such cases is rule and refusal is an exception. The applicant is regularly attending this Court as well as learned trial Court and there is no allegation of misusing the concession of bail against him.
6. Accordingly , instant bail application is allowed and interim pre-bail already granted to applicant Asif Ali alias Ghazi vide order dated 07.10.2019 is confirmed on same terms and conditions.
Bail application stands disposed of.