Manzoor Hussain etc vs State etc
This matter concerns a petition for pre-arrest bail filed by Manzoor Hussain and others in relation to FIR No. 07 dated 04.01.2021, registered under Section 382 of the Pakistan Penal Code 1860, at Police Station Chobara, District Layyah. The petitioners were accused of destroying crops and stealing trees from the complainant's land. The core legal questions were whether the petitioners were entitled to pre-arrest bail given the circumstances of the case, specifically the significant delay in reporting the crime and the existence of prior civil litigation between the parties. The Court observed that the FIR was lodged with an unexplained delay of approximately nine months and noted the pendency of a civil suit for permanent injunction regarding the disputed property, suggesting potential mala fide intent by the complainant. Furthermore, the Court noted that the investigation was already complete, rendering the petitioners' custodial interrogation unnecessary. Consequently, the Court confirmed the ad interim pre-arrest bail, holding that the combination of unexplained delay and ongoing civil litigation established sufficient grounds for the grant of bail.
- Does an unexplained nine-month delay in lodging an FIR constitute a ground for granting pre-arrest bail?
- Can the pendency of a civil suit regarding the same property be considered evidence of mala fide intent in a criminal case?
- Is custodial interrogation necessary when the police investigation into the alleged offense has already been completed?
- Section 382, Pakistan Penal Code 1860
Apprehending arrest at the hands of the local police, Manzoor Hussain, Ghulam Abbas, Ghulam Shabbir , Mazhar Abbas and Mohsin Abbas petitioners seek pre-arrest bail in case FIR No. 07 dated 04.01.2021, registered under Section 382, PPC at Police Station Chobara, District Layyah.
2. The petitioners/accused along with others allegedly destroyed the crop of grams (URDU TEXT) and also uprooted and stole trees of worth Rs. 1,00,000/- from the land of complainant Zulfiqar Hussain. Hence, the instant FIR.
3. Pro and contra arguments heard. Record perused.
4. On going through the record, it transpired that the alleged occurrence as stated in the FIR took place on 30.03.2020 whereas the matter was reported to the police on 04.01.2021 with the delay of about nine months and no explanation whatsoever had been rendered by the complainant of such delay while lodging the instant crime report. Learned counsel for the petitioners vigorously argued that the petitioners have been falsely implicated in this case as suit for Permanent Injunction filed by the accused-petitioners' side regarding the same property is pending adjudication before the civil Court in which status quo had already been ordered. So, in the light of these two factors, inordinate delay in reporting the incident and also the pendency of civil litigation between the parties the involvement of the present petitioners with mala fide intention on part of the complainant cannot be ignored. Even otherwise, it is apprised to the Court that investigation had already been completed meaning thereby handing over the custody of the petitioners to the police is not likely to advance the case of the prosecution in any manner nor it is justified.
5. Under the circumstances, the instant petition is hereby allowed and ad interim pre-arrest bail already granted to the petitioners by this Court vide order dated 26.02.2021 is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 1,00,000/- (rupee s one lac) each with one surety each in the like amount to the satisfaction of the learned trial Court.