MUHAMMAD HANIF vs State S — 2023 YLRN 47 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD HANIF VS State S. 498---Penal Code (XLV of 1860), Ss. 337-F(vi), 147 & 149--- Ghayr-jaifah-munaqqillah, rioting, unlawful assembly---Pre-arrest bail, grant of---Although the accused-petitioner was nominated in the FIR with specific roles but the fact remained that there was unexplained delay of about nine days in reporting the matter to the Police, for which the prosecution had not advanced any explanation in the narration of crime report, which was fatal to the prosecution's case---Occurrence allegedly took place on 19.12.2020 but while providing history to the Medical Officer, the injured stated that on 18.12.2020 he was hit by a wooden rod---Medical Officer had mentioned the probable duration of injuries as 24-48 hours---Medico-Legal Certificate of injured negated the ocular account furnished by the complainant in the FIR, which established mala fide on the part of the complainant---Offence alleged against the accused-petitioner did not fall within the ambit of prohibitory clause of S.497, Cr.P.C.---Prima facie, the prosecution had no sufficient incriminating material to connect the accused-petitioner with the commission of alleged offence and chances of his false implication with mala fide intention could not be ruled out---Accused-petitioner had already joined the investigation, therefore, sending him behind the bars would not serve any useful purpose---Bail petition was allowed, in circumstances.

MUHAMMAD HANIF vs State S — 2023 YLRN 47 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported