MUHAMMAD IQBAL and otherss vs THE STATE
This matter concerns a petition for the confirmation of pre-arrest bail filed by the petitioners in relation to F.I.R. No. 403, registered under sections 148, 337-H(ii), 440, 447, 506, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to the concession of pre-arrest bail given the circumstances of the case. The Court observed that there was a long-standing civil litigation between the parties and noted an unexplained six-day delay in the registration of the F.I.R. Furthermore, the Court found no evidence that the recovered weapons were utilized during the alleged occurrence. Crucially, the Court held that the offences charged did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. Finding apparent mala fide on the part of the complainant or police, the Court concluded that the case warranted further inquiry. Consequently, the petition was allowed, and the ad interim pre-arrest bail previously granted to the petitioners was confirmed, subject to the submission of fresh bail bonds.
- Does a six-day delay in the registration of an F.I.R. without explanation support a claim of mala fide in a bail application?
- Are offences that do not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898 generally entitled to the concession of bail?
- Can the existence of long-standing civil litigation between parties influence the court's decision in granting pre-arrest bail in a criminal case?
- Section 148, Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 440, Pakistan Penal Code 1860
- Section 447, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Petitioners seek grant of pre-arrest bail in case F.I.R. No,403 dated 21-11-2001 registered under sections 148/337-H(ii)/440/447/506/ 149, P.P.C. At Police Station Kanganpur, District Kasur.
2. The bare perusal of the F.I.R. Shows that there is a long-standing civil litigation going on between the parties. The abovesaid F.I.R. Was got registered after a delay of six days for which no plausible explanation has been given. There is nothing on record to show that the weapons recovered from the petitioners were in fact used during the occurrence as alleged in the F.I.R. The offence allegedly committed by the petitioners does not fall within the prohibitory clause of section 497, Cr.P.C. In the circumstances the mala fide of the police/complainant is very much apparent from .The record of this case which brings the case of the petitioners within the ambit of further inquiry entitling them to the concession of bail. Accordingly the instant petition is allowed and the ad interim pre-arrest bail already granted to the petitioner vide order dated 11-1-2002, stands- confirmed. The petitioners shall submit fresh bail bonds to the satisfaction of the Deputy Registrar (Judi.) of this Court.
Ad-interim pre-arrest .