Sohail Raza vs State Ss — 2026 YLR 393 Gilgit-Baltistan Chief Court

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Sohail Raza VS State Ss. 497(2) & 498---Penal Code (XLV of 1860), Ss. 341, 337-A, 506(ii), 147 & 148---Wrongful restraint, causing shajjah, criminal intimidation, rioting, rioting armed with deadly weapons---Ad interim pre-arrest bail, confirmation of---Further inquiry---Allegations against the accused-petitioners were that they caused severe injuries to the complainant and his father over a parking issue---From perusal of record it transpired that the petitioner No.1/accused and two others were directly nominated in the FIR and the allegations levelled therein indeed disclosed commission of the offences under Ss.147, 148, 341, 337-A & 506(ii), P.P.C---Alleged occurrence had been committed at a road which was a populated area and was a hub of selling auto-parts of various vehicles by various people of almost all the districts as well as citizens of different provinces and various kinds of workshops of vehicles were situated in the area---Despite that, the complainant had failed to produce a single private witness regarding the occurrence which showed that the complainant had malafidely lodged the instant FIR just to harass the petitioners/accused in the hands of police---Moreover, as per contents of FIR, the petitioners/accused had beaten complainant and his father as such the complainant and his father got severe injuries on head and vital parts of body, whereas, the prosecution had failed to submit Medico-Legal Report despite lapse of two months---Moreover, the principal accused, who was directly nominated in the FIR, had already been released on bail by the Judicial Magistrate and acquitted him from the charges levelled in the FIR due to compromise between the parties, hence, the petitioners/accused were also entitled for concession of bail---Grant of pre-arrest bail was not to be withheld as a punishment, rather it was meant to protect innocent persons from humiliation and undue harassment at the hands of the police or complainant when a case of mala-fides or ulterior motive was made out---Admittedly, Ss. 147, 341 and 337-A, P.P.C, were bailable, whereas, Ss. 148 and 506(ii), P.P.C, were non-bailable, the punishment provided therein did not fall within the prohibitory clause of S. 497, Cr.P.C.---Allegations of mala fide on the part of the complainant as well as the police could not be ruled out at this stage---Bail application was allowed and interim bail already granted to the applicants was confirmed, in circumstances.

Sohail Raza vs State Ss — 2026 YLR 393 Gilgit-Baltistan Chief Court

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