Gul Hassan S/O Muhammad Hassan vs The State
This matter concerns a pre-arrest bail application filed by the applicant, Gul Hassan, in connection with Crime No. 324/2021 registered under Sections 324 and 34 of the Pakistan Penal Code 1860. The applicant sought pre-arrest bail after his initial application was dismissed by the trial court. The core legal question was whether the applicant, who was not named in the FIR and was allegedly not present at the scene, was entitled to pre-arrest bail. The High Court observed that the FIR did not nominate the applicant, and his alleged involvement or abetment remained a matter requiring further inquiry, dependent on evidence to be produced at trial. Additionally, the Court noted a 24-hour delay in lodging the FIR. Consequently, the Court held that the applicant had made out a case for bail. The key principle laid down is that where an accused is not nominated in the FIR and their presence at the scene is disputed, the question of their involvement constitutes a matter of further inquiry, justifying the confirmation of pre-arrest bail pending trial.
- Is an accused entitled to pre-arrest bail when they are not nominated in the FIR and their presence at the crime scene is disputed?
- Does a 24-hour delay in lodging an FIR constitute a ground for further inquiry in a bail application?
- Can the question of an accused's involvement or abetment be determined at the bail stage without evidence?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 498, Code of Criminal Procedure 1898
ORDER
NADEEM AKHT AR, J. The pre-arrest Bail Application No.2630 /2021 filed by the present applicant / accused Gul Hassan and two others in Crime No.324/2021 registered on 03.06.2021 at P.S. Gulshan-e-Maymar Karachi under Sections 324 and 34 PPC was dismissed by the learned Xth Additional Sessions Judge Karachi West vide order dated 02.07.2021. Through the instant pre-arrest bail application under Section 498 Cr.P.C., the applicant has sought admission to bail in the above mentioned crime. Vide order dated 14.07.2021, interim pre-arrest bail was granted to him subject to his furnishing solvent surety in the sum of Rs.50,000.00 and execution of a P.R. Bond for the same amount to the satisfaction of the Nazir of this Court.
2. According to the subject FIR registered on the complaint of the complainant Noor Muhammad, three persons viz. Shakeel, Ibrahim and Abdul Aziz, who were armed with pistols, entered into his house on 02.06.2021 and opened fire due to which his son Ali Nawaz was injured. Perusal of the FIR shows that all the above named three persons were nominated therein and the present applicant was not nominated therein. It is contended by learned counsel for the complainant that the applicant is the main person on whose instigation the above incident took place. Be that as it may, the contents of the FIR clearly show that the applicant was not present at the time of the alleged incident nor has he been nominated therein. The question whether the applicant has any involvement in the alleged crime or has abetted in the commission thereof cannot be decided without evidence. The guilt or innocence of the applicant is yet to be established as it would depend on the strength and quality of the evidence that will be produced by the prosecution and the defense before the trial Court. Moreover there is a delay of 24 hours in lodging the FIR. In the above circumstances, the matter requires further enquiry in my opinion. The applicant states that he has joined the trial and is appearing before the learned trial Court on every date of hearing.
3. It is clarified that the observations made herein are tentative in nature which shall not prejudice the case of either party nor shall they influence the learned trial Court in any manner in deciding the case strictly on merits in accordance with law .
4. In view of the above, the applicant / accused Gul Hassan son of Muhammad Hassan has made out a case for the grant of bail. Accordingly , the interim pre-arrest bail granted to him vide order dated 14.07.2021 is hereby confirmed on the same terms and conditions.
This bail application is allowed in the above terms.