Law: Pakistan Penal Code, 1860

Section: 337-F(i),337-F(v),34

Law: Code of Criminal Procedure, 1898

Section: 154,155,497

Law: Police Rules, 1934

Section: 24.1,24.3

Summary of Judgment 

The applicant sought pre-arrest bail in Crime No. 27 of 2025 registered at Police Station Sorah under Sections 337-F(i), 337-F(v), and 34 PPC.The applicant is husband of the injured, Mst. Khanzadi, who allegedly opposed his second marriage.Incident occurred on 04-03-2025; applicant and co-accused allegedly caused injuries including a fracture (Ghayr Jaifah Hashmiah under Section 337-F(v) PPC).FIR was lodged after a delay, only after issuance of the final medical certificate on 08-03-2025.The applicant’s counsel argued:Delay in FIR registration without legal justification.Injuries were not caused by the applicant.Complainant lives in a different village, casting doubt on presence at incident.All offences except 337-F(v) are bailable; 337-F(v) is not under prohibitory clause of Section 497 Cr.P.C.Reliance on Muhammad Tanveer vs. The State (PLD 2017 SC 733). Complainant’s counsel opposed bail citing:Serious fracture injury caused by applicant.No malafide or ulterior motive shown by applicant. Reliance on Muhammad Aslam vs. The State (2007 SCMR 1412) and Mujahid vs. The State (2017 P.Cr.L.J Note 40).Additional Prosecutor General noted inconsistencies in FIR and medical certificate dates.Court observed:Delay in FIR registration violates Section 154 Cr.P.C. and Police Rules, 1934 (Rules 24.1 and 24.3).Medical evidence inconsistent with complainant’s version; referral for X-ray on 05-03-2025 contradicts FIR date.Delay and procedural lapses raise doubts about prosecution’s case. Court relied on:Muhammad Akhter vs. The State (Criminal Petition No. 310 of 2025): Sections 337-F(i), 337-A(i), and 337-L(2) PPC are bailable; 337-F(v) not under prohibitory clause.Naveed Sattar vs. The State (2024 SCMR 205): Benefit of doubt at bail stage.Saeed Ahmed vs. The State (PLD 2024 SC 1241) and other cases: Bail granted on tentative assessment and further inquiry.

Core Points :

Applicant seeks pre-arrest bail under Sections 337-F(i), 337-F(v), and 34 PPC.