MUNIR HUSSAIN vs State S — 2022 PCrLJN 111 KARACHI-HIGH-COURT-SINDH

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MUNIR HUSSAIN VS State S. 497--- Penal Code (XLV of 1860), Ss. 337-A(i), 337-A(iii), 337-L(2)---Shajjah-i-khafifah, shajjah-i-hashimah, other hurt---Bail, refusal of---Case of domestic violence---Accused was nominated in FIR with specific role of causing injuries to the complainant/his wife on her nose which was the vital part of the body---Prosecution witnesses in their statement recorded under S. 16l, C.P.C., had implicated the accused without any ill-will---Medical Certificate available in police papers also corroborated the version of the FIR---Injury attributed to the accused had been declared by the Doctor as dangerous and fell under S. 337-A(iii), P.P.C., which was not bailable offence and the same also fell within the prohibitory clause of S. 497, Cr.P.C.---Delay in lodging of FIR had also been explained plausibly---Delay in criminal cases, by itself, in lodging the FIR was immaterial---Factors to be considered by the Courts were firstly that the delay stood reasonably explained and secondly, that the prosecution had not derived any undue advantage through the delay involved---Delay was material only when there was doubt regarding identity of the culprits or there existed enmity between the parties---Complainant was the wife of the accused, therefore, no question arose with regard to identity of the accused---Case was at initial stage---Tentative assessment of evidence on record prima facie connected the accused in the case---Each case had to be decided on its own facts and circumstances---Bail application merited no consideration, hence the same was dismissed, in circumstances.

MUNIR HUSSAIN vs State S — 2022 PCrLJN 111 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported