WALI MUHAMMAD alias HAJJAN vs State S — 2022 PCrLJN 66 KARACHI-HIGH-COURT-SINDH

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WALI MUHAMMAD alias HAJJAN VS State S. 498--- Penal Code (XLV of 1860), Ss. 337-A(i), 337-F(i), 337-F(v), 114, 504, 148 & 149---Shajjah-i-khafifah, damiyah, hashimah, abettor present when offence committed, intentional insult with intent to provoke breach of the peace, rioting, armed with deadly weapon---Pre-arrest bail, grant of---Delayed FIR---Scope---Accused persons sought pre-arrest bail in an FIR registered under Ss. 337-A(i), 337-F(i), 337-F(v), 114, 504, 148 & 149, P.P.C.---Held; perusal of record revealed that all the offences were bailable except offence under S. 337-F(v), P.P.C., which carried punishment upto five years and did not fall within the ambit of prohibitory clause of S. 497, Cr.P.C.---Incident was shown to have taken place on 14-01-2020 and final Medico Legal Certificate was issued on 25-01-2020, but FIR was lodged after one month of the incident and after 20 days of the issuance of Final Medico Legal Certificate without any explanation having been offered by the prosecution for such an inordinate delay in lodgment of the FIR---Possibility of false implication in view of previous enmity between the parties could not be ruled out---Accused persons had made out their case for grant of pre-arrest bail---Bail application was allowed, in circumstances.

WALI MUHAMMAD alias HAJJAN vs State S — 2022 PCrLJN 66 KARACHI-HIGH-COURT-SINDH

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Judgment text as reported