Khuda Bux Khoso vs The State
This matter concerns an application for pre-arrest bail filed by the applicant, Khuda Bux Khoso, following the refusal of such relief by the Sessions Judge, Jacobabad. The prosecution alleged that the applicant, as part of an unlawful assembly, caused lathi blows to the injured party and insulted the complainant. The applicant contended that he was falsely implicated due to a pre-existing dispute over landed property. The core legal question was whether the applicant was entitled to pre-arrest bail given the circumstances of the case. The Sindh High Court held that the applicant was entitled to bail, noting that the FIR was lodged with an unexplained delay, the alleged offenses (except one) were bailable, and the specific offense under section 337-F(ii) did not fall within the prohibitory clause of the Code of Criminal Procedure 1898. Furthermore, the court observed that co-accused had already been granted bail, the challan had been submitted, and the applicant had joined the trial without misusing the concession. Consequently, the court confirmed the interim pre-arrest bail.
- Does a delay in lodging an FIR without plausible explanation impact the grant of pre-arrest bail?
- Is an offense under section 337-F(ii) of the Pakistan Penal Code 1860 covered by the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Can pre-arrest bail be granted when the applicant has joined the trial and co-accused have already been admitted to bail?
- Section 498-A, Code of Criminal Procedure 1898
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
1. IRSHAD ALI SHAH, J. It is alleged by the prosecution that applic ant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, caused lathi blows to PW Adam Khan and then went away by insulting complainant Muha mmad Ishaq, for that the present case was registered. On refusal of pre- arrest bail by learned Sessions Judge, Jacobabad, the applicant has sought for the same from this Court by way of instant application under section 498-A Cr.PC.
2. It is contended by the applicant that he being innocent has been involved in this case falsely by the complainant party only to settle its dispute with him over the landed property . By contending so he sought for pre-arrest bail.
3. However , learned D.P.G for the State has opposed to grant of pre-arrest bail to the applicant by contending that he has actively participated in commission of the incident by causing lathi blows to the injured.
4. Heard arguments and perused the record.
5. The FIR of the incident has been lodged with delay of about one day and such delay having not been explained plausibly could not be overlooked. All the sections applied in the FIR are bailable except one under section 337- F(ii) PPC, it is not falling within prohibitory clause of section 497 Cr.PC. The parties are already disputed over the landed property . Co-accused Gul Muhammad and four others have already been admitted to pre-arrest bail. The case has finally been challaned. The applicant has joined the trial and there is no allegation of misusing the concession of pre-arrest bail on his part. In these circumstances, a case for grant of pre-arrest bail on point of malafide in favour of the applicant obviously is made out.
6. In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.
7. The instant criminal bail application is disposed of accordingly .