Law: Code of Criminal Procedure, 1898

Section: 498

Summary:

The case involves an application for pre-arrest bail by the applicant accused of causing the death of Abdul Ghaffar with a "Dandari" (a cultivation instrument). After refusal of bail by the Sessions Judge, the applicant approached the High Court under Section 498 of the Criminal Procedure Code (CrPC) seeking pre-arrest bail. The applicant claims innocence, alleging false implication due to a grudge related to water rotation, delay in FIR filing (about 10 days), and contends the death was due to a motorcycle fall, not assault.

The prosecution counters that the delay in FIR was natural as the deceased was first treated in Karachi before death, the death certificate (suggesting death due to motorcycle fall) was allegedly forged, and there is video evidence supporting the prosecution case. The court found the delay in FIR reasonable due to medical treatment and rejected reliance on the dubious death certificate. It held that at this bail stage, a deep dive into evidence is premature but there are reasonable grounds to believe the applicant’s guilt, thus no case for pre-arrest bail was made out. The bail application was dismissed.

Core Points:

Allegation: Applicant caused fatal injury with a "Dandari."