Noor Ahmed Samejo vs The State
This matter arises from a criminal bail application filed by applicant Noor Ahmed Samejo seeking post-arrest bail in Crime No. 70/2020 registered at Police Station Tangwani, under sections 337-F(v), 147, 148, and 149 of the Pakistan Penal Code 1860. The core legal question concerns whether the applicant is entitled to post-arrest bail where there is an unexplained delay in the registration of the FIR and the charged offence does not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. The Sindh High Court held that the unexplained delay of 56 days in lodging the FIR creates reasonable doubt regarding the allegations, and since the offence is punishable with imprisonment up to five years and falls outside the prohibitory clause of section 497 Cr.P.C., the grant of bail is a matter of right rather than grace. The court laid down the principle that accused persons involved in offences not falling within the prohibitory clause and where further inquiry is warranted are entitled to post-arrest bail as a matter of right, consistent with established precedent.
- Does an unexplained delay of 56 days in the registration of an FIR create reasonable grounds for the grant of post-arrest bail?
- Is an accused charged with an offence punishable up to five years that falls outside the prohibitory clause of section 497 Cr.P.C. entitled to bail as a matter of right?
- Whether the applicant made out a sufficient case for post-arrest bail under section 497 Code of Criminal Procedure 1898?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Zulfiqar Ali Sangi, J. Through instant criminal bail application, applicant Noor Ahmed Samejo, seeks post arrest bail in Crime No.70/2020, registered at P.S. Tangwani, Larkana, for offence under sections 337-F(v), 147,148,149 PPC. Earlier his bail was rejected by Judicial Magistrate, Tangwani and learned Sessions Judge, Kashmore @ Kandhkot vide orders dated 29.10.2020 and 07.1 1.2020.
2. Facts of the case are mentioned in the F.I.R and copy whereof has been attached with the memo of bail application, hence no need to be reproduced in bail order .
3. Learned counsel for the applicant submits that there is unexplained delay of 56 days in registration of FIR; that allegation against the present applicant is that he caused lathi blows to the comp lainant which hit him on the left arm and the same is declared as "Jurh Ghayr Jaifah Hashima", punishable under section 337-F(v) PPC which is punishable up to 05 years and the offence does not fall within prohibitory clause of section 497 (2) Cr.PC. He lastly prayed for grant of bail.
4. Learned DPG while relying on the case of "Khalil Ahmed Soomro and others v. The State (PLD 2017 Supreme court 730)" , conceded the grant of bail.
5. This incident took place on 18.8.2020 and the FIR was registered on 14.10.2020, for such long delay no explanation has been furnished by the complainant in the FIR which creates some reasonable doubt as to the allegation against present applicant. The offence with which the present applicant is allegedly involved is punishable up-to 5 years and same does not fall within prohibitory clause of section 497 Cr.P.C. It is settled by now that accused involved in such offence punishable which does not fall within the prohibitory clause of section 497 Cr.PC, are entitled to be enlarged on bail not as matter of grace or concession but as a matter of right as has been held in the case of "Khalil Ahmed Soomro and others v. The State (PLD 2017 Supreme court 730)" . Under these circumstances, the -applicant has made out a case for grant of post arrest bail and same is granted subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand) and PR bond in the like amount to the satisfaction of learned trial court.