ZAHEER AHMAD KHAN vs THE STATE
This matter arises from a petition for leave to appeal directed against the order of the Lahore High Court, whereby pre-arrest bail was denied to the petitioner Zaheer Ahmad Khan in a case registered under section 324 of the Pakistan Penal Code 1860 in respect of an F.I.R. concerning a firing incident during a family dispute. The core legal question before the Supreme Court was whether the petitioner was entitled to the concession of pre-arrest bail given the circumstances of the case, including the nature of the dispute and the delay in lodging the F.I.R. The Supreme Court converted the petition into an appeal and allowed it, granting pre-arrest bail to the petitioner subject to the furnishing of requisite security bonds. The key principle laid down is that where a criminal matter prima facie stems from a family dispute and involves unexplained delay in reporting, coupled with other mitigating factors, a case for pre-arrest bail can be made out notwithstanding specific attribution in the F.I.R.
- Whether pre-arrest bail can be granted in a case arising from a family dispute with delay in lodging the F.I.R.?
- Is a petitioner named in the F.I.R. with a specific role attributed entitled to pre-arrest bail under exceptional circumstances?
- Section 324, Pakistan Penal Code 1860
ORDER
1. ' SH. RIAZ AHMAD, J.---Through this petition for leave to appeal petitioner Zaheer Khan seeks pre- arrest bail in case F.I.R. No.166 of 2000 registered with Police Station Sadar, Farooqabad under section 324, Pakistan Penal Code. The said relief was declined by a learned Single Judge of the Lahore High Court in terms or order impugned herein. The precise allegation against the petitioner is that he fired twice with .30-bore pistol at complainant Naveed Aslam Khan in "Punchayet" but he luckily survived. Petitioner invoked the jurisdiction of the Lahore High Court for the grant of pre- arrest bail but the same was declined on the ground that the petitioner is named in the F.I.R. And a specific role has been attributed to him.
2. We have heard the learned counsel for the petitioner at length and gone through the order impugned. It appears to be a family dispute and prima facie delay in lodging the F.I.R. Speaks for itself. However, it would not proper at this stage to comment upon the merits of the instant case, suffice it to add that a case for the grant of pre arrest bail is made out in favour of the petitioner, therefore, while converting this petition into appeal we allow the same with direction that the petitioner is admitted to pre-arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000 with one surety in the like amount to the satisfaction of the trial Court.
3. Pre-arrest . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 1 case
- Noor Ali vs The State 2021 SHC 170