SAJID ALI and another vs THE STATE
This matter arises from a petition for pre-arrest bail filed by Sajid Ali and another against criminal allegations of causing injuries resulting in fractures to the complainant, Javed Tahir. The core legal question concerns whether the petitioners are entitled to the confirmation of pre-arrest bail in the light of an unexplained eight-day delay in lodging the first information report, the absence of any stated motive, and police findings regarding the non-presence of one of the petitioners at the scene. The Lahore High Court held that the interim pre-arrest bail already granted to the petitioners should be confirmed. The key principle laid down is that unexplained delay in lodging the first information report and the absence of motive, coupled with circumstances indicating further inquiry into the petitioners' guilt, constitute valid grounds for confirming pre-arrest bail.
- Whether an unexplained delay of eight days in lodging the first information report is a ground for confirming pre-arrest bail?
- Does the absence of motive in the first information report support the confirmation of pre-arrest bail?
- Are petitioners entitled to confirmation of pre-arrest bail when investigation findings cast doubt on their presence at the scene of the occurrence?
ORDER
' According to allegations contained in F.I.R. Lodged by Javed Tahir on 12-9-1999 are that petitioners and 2 others caused injuries on the person of the complainant resulting into fracture of his left arm and wrist.
2. Learned counsel for petitioners submits that in fact obnoxious calls were received by Nizam Din, co-accused of petitioner and in this regard a complaint was made to Police and the Police arrived at the place of occurrence at 9 p.m. On 3-9-1999 and remained there till 1 a.m. The next day but no action was taken against any person. Further submits that Javed Tahir, complainant, criminally trespassed into house of Nizam Din and when he was being apprehended, he tried to scale over the wall and in that process he received the injuries. Also submits that there is delay of 8 days in lodging the F.I.R. Without any explanation and that no motive is given in the F.I.R. According to learned counsel Police instead of registering a case against the complainant, under the influence of his brother who is stated to be a Reporter in some newspaper registered the case against the petitioners and others.
3. Learned counsel for State submits that according to investigation, Sajid Ali was not present at the place of occurrence at the given time and that complainant has not joined the investigating although he was summoned many a times by the Investigating Officer.
4. I have heard learned counsel for parties and have gone through the record. There is delay of 8 days in lodging the F.1.R. Without any explanation. No motive is given in the F.I.R.
' Petitioners seem to be respectable persons. So, interim pre-arrest bail granted to petitioners is hereby confirmed. Disposed of.
Pre-arrest .