Muhammad Shahbaz Chaudhry vs The State
This matter comes before the Sindh High Court through a criminal bail application filed under Section 498 of the Code of Criminal Procedure 1898, seeking pre-arrest bail after it was refused by the lower court. The applicants were accused of attempting to commit sodomy. The core legal question revolves around whether the applicants are entitled to pre-arrest bail in light of an unexplainable delay in lodging the First Information Report, delayed recording of witness statements, and alleged political rivalry. The court held that the unexplained delay in the FIR, the delayed Section 161 statements, and the existence of political rivalry made out a case for further inquiry and mala fides. Consequently, the court confirmed the interim pre-arrest bail granted to the applicants, laying down the principle that unexplained delays in criminal reporting combined with potential mala fides justify the confirmation of pre-arrest bail.
- Whether an unexplained delay in lodging the First Information Report makes out a case for pre-arrest bail?
- Does a delay in recording statements under Section 161 of the Code of Criminal Procedure 1898 support the grant of pre-arrest bail?
- Can political rivalry between parties be considered as a ground for establishing mala fides in criminal cases?
- Section 498, Code of Criminal Procedure 1898
- Section 161, Code of Criminal Procedure 1898
ORDER
Irshad Ali Shah J. It is alleged that the applicants in furtherance of their common intention attempted to commit sodomy to PWs Husnain Mujtaba and Faraz Ali, for that the present case was registered.
2. The applicant on having been refused pre-arrest bail by learned Additional Sessions Judge-II, Kotri have sought for the same from this Court by way of instant application under section 498 Cr .P.C.
3. It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant in order to satisfy with them their political rivalry; and the FIR has been lodged with delay of about (07) days. By contending so, he sought for pre-arrest bail for the applicant on point of further enquiry and malafide.
4. Learned Assistant Prosecutor General for the State who is assisted by the complainant has opposed to grant of pre-arrest bail to the applicants by contending that the of fence alleged against them is af fecting the society .
5. I have considered the above arguments and perused the record.
6. The FIR of the incident has been lodged with delay of about thirteen (07) days; such delay having not been explained plausibly could not be overlooked. As per FIR it is the case of mere attempt to commit sodomy . The 161 Cr.P.C statements of the PWs Husnain Mujtaba and Faraz Ali even otherwise have been recorded with further delay of one day even to FIR, which appears to be significant. The parties are said to be having political rivalry with each other . In these circumstances, a case for grant of bail to the applicants on point of further inquiry and malafide is made out.
7. In view of above, the interim pre-arrest bail already granted to the applicants is confirmed on same terms and conditions.
8. The instant bail application is disposed of accordingly .