BASHIR AHMAD Versus State
This matter concerns a petition for post-arrest bail filed by the petitioner, Bashir Ahmad, who was charged under sections 337-A(i), 337-A(iii), 337-F(i), 148, and 149 of the Pakistan Penal Code 1860, in connection with an FIR registered at Police Station Sadar Arifwala. The core legal question was whether the petitioner was entitled to the grant of bail given the circumstances of the case, specifically the significant delay in lodging the FIR. The Court observed that the FIR was registered eleven days after the alleged incident, with no explanation provided for this delay, which created reasonable doubt regarding the veracity of the prosecution's version. Consequently, the Court held that the petitioner's case fell within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898. The Court affirmed the principle that the benefit of any doubt, even at the bail stage, must be extended to the accused. Accordingly, the petition was accepted, and the petitioner was admitted to bail subject to furnishing bail bonds.
- Does an unexplained delay in lodging an FIR entitle an accused to the benefit of doubt at the bail stage?
- When does a criminal case qualify for further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Is the benefit of doubt available to an accused during the consideration of a bail application?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Petitioner Bashir Ahmad through the instant petition has sought for post-arrest bail in case F.I.R. No.554 dated 15-11-2003 under section 337-A(i)(iii)/ 337-F(i)/148/149, P.P.C. Police Station, Sadar Arifwala, District Pakpattan Sharif.
2. Briefly the prosecution case as per F.I.R. is that on 4-11-2003 at about 8-00 a.m. Bashir Ahmad (petitioner) armed with Sota, Pappu with Kassi, Sarwar with Sota, Shamon with Sota and Ghulam Farid empty-handed, in prosecution of the common object of unlawful assembly formed by them have thrashed the complainant as well as his brother Abdul Sattar. They have caused them injuries with their respective weapons. One injury caused by the petitioner to Abdul Sattar at his nose has been declared as the fracture of his nasal bone.
3. The motive behind the occurrence is that 3/4 days prior to the same a quarrel had taken place between Bashir Ahmad and injured Abdul Sattar. On grudge over the same the accused have committed the said act.
4. After hearing the learned counsel for the parties and perusing the record, I find that there is at least 11 days delay in lodging the F.I.R. The medical examination of the complainant and injured had been conducted on 5-11-2003 . It, thus was on the next day of the alleged incident. The case but still was got registered after ten days of the same.
5. It has been noticed that in the F.I.R. no explanation of such delay has been given. This delay has left room to entertain doubt qua the truth in the version of the complainant as contained in the F.I.R.
6. It may be mentioned here that it is settled proposition in law that benefit of every doubt, even at bail stage, is to be given to the accused. His case, therefore, requires further inquiry into his guilt. The same, therefore, is covered under subsection (2) of section 497, Cr.P.C.
7. He statedly was arrested on 4-12-2003 and is behind the bars since then. He is also stated to be previous convict, which has not been controverted by the other side.
8. In these circumstances, I find that the case for his enlargement on bail has been made out. The petition, therefore, is accepted and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned Illaqa/Duty Magistrate.
9. It may be made clear that any observation made above shall not influence the mind of the learned trial Court in any manner.
H.B.T./B-68/L Bail granted.
Cited by 1 case
- SHOUKAT ALI and 2 otherss vs THE STATE 2006 YLR 408