| Citation(s) |
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| 2025 SLG 2246 2025 SLD 2246 = 2025 SHC 540 |
Cr Bail Application No.S-592 of 2024
RIAZAT ALI SAHAR, J-
Applicant(s): Imtiaz Hussain & Mukhtiar, both by caste Phulpoto are present along with Mr. Abdul Ghani Abro, Advocate.
Complainant:` Nadeem Ali is present along with his counsel Mr. Muhammad Bux Banghwar, Advocate. Respondent: The State, through Syed Sardar Ali Shah, Additional Prosecutor General.
Law: Code of Criminal Procedure, 1898
Section: 498-A
Law: Pakistan Penal Code, 1860
Section: 324, 337A(ii), 337U, 506/2, 504
Summary:
The criminal bail application concerns two accused seeking pre-arrest bail in an FIR involving injuries caused by hatchet and lathi during a land dispute. The High Court confirmed bail for accused Imtiaz Hussain due to lack of grievous injuries and unexplained delay in FIR, creating reasonable doubt. Conversely, bail was denied to accused Mukhtiar, who caused grievous injuries supported by medical evidence and posed a risk of tampering with prosecution evidence. The decision relies on established principles that bail is not a right in serious offences and emphasizes balancing liberty against the gravity of the offence and evidence.
Core Points
Applicants sought pre-arrest bail under Section 498-A Cr.P.C after denial by the trial court.