| Citation(s) |
|---|
| 2025 SLG 1609 2025 SLD 1609 = 2025 SHC 1622 |
Crl. Bail Application No.S-283 of 2025 Crl. Bail Application No.S-284 of 2025 Crl. Bail Application No.S-290 of 2025
Ali Haider ‘Ada’,J;
(Aijaz Ali Shahani & 2 others
VS
. The State) (Noshad Ali Shahani & another Vs. The State) (Muhammad Hassan Shahani & another Vs. The State)
Law: Code of Criminal Procedure, 1898
Section: 497(2)
Law: Pakistan Penal Code (PPC),1860
Section: 324,148/149,452,337-H(ii)
Summary
The court granted bail to multiple applicants accused in FIR No. 11/2025 (Ranipur Police Station, Khairpur) under Sections 324, 452, 114, 337-H(ii), 148, and 149 PPC. The prosecution alleged group trespass and attempted murder, but the court found unexplained FIR delay, lack of specific injury-causing roles for applicants, prior animosity between parties suggesting possible false implication, and completed investigation. Applying Section 497(2) Cr.P.C. ("further inquiry"), the court confirmed pre-arrest bail for five applicants and granted post-arrest bail to two others, citing weak prima facie evidence and prohibitions against pre-trial punishment134.
Core Points
FIR Deficiencies: Unexplained 1-day delay in lodging the FIR, creating doubt about prosecution credibility15.
Applicants' Roles: No direct injury attributed to applicants; only general presence, aerial firing, and alleged instigation noted56.