| Citation(s) |
|---|
| 2025 SLG 3357 2025 SLD 3357 = 2025 SHC 408 |
Criminal Bail Appln. No.249 of 2025 Criminal Bail Appln. No.196 of 2025
Ali Haider ‘Ada’, J.
Applicant Shahnawaz s/o Ghulam Abbas : through Mr. Noor Hassan Malik, Advocate
Applicant Ali Murad son of Ghulam Abbas : through Mr. Aftab Hussain shar, Advocate
VS
The State
Law: Pakistan Penal Code, 1860
Section: 324, 452, 427, 382
Law: Code of Criminal Procedure, 1898
Section: 497(2), 497(5)
Summary
The High Court disposed of two bail applications from the same incident involving allegations of assault and theft with injuries. The court noted investigative lapses including delayed FIR, unclear injury details, and absence of direct evidence on one accused for theft. Considering these and the regulatory framework for mobile device recovery, the court confirmed interim pre-arrest bail for one accused and granted post-arrest bail for the other, subject to conditions. The bail was granted on the ground of further inquiry and not as a decision on guilt or innocence, leaving the trial court to determine the case on merits.
Core Points
- Both bail applications arise from the same FIR and case.
- FIR lodged with delay and complainant not injured; PW Ayaz injured.
- Prior enmity and competing FIRs indicate malafide possible.
- Injury to PW Ayaz required further medical inquiry.
- Investigation must comply with Mobile Device Regulations for mobile phone recovery.
- Insufficient direct evidence against Shahnawaz for theft.
- Bail granted as matter for further inquiry, not final acquittal.
- Conditions imposed on bail with surety and PR bond.
- Trial court to decide merits based on full evidence, order tentative.
Law and Sections:
| Law Provision | Section Number(s) | Description |
|---|---|---|
| Pakistan Penal Code (PPC) | 324, 452, 427, 382 | 324 - Voluntarily causing hurt by dangerous weapons 452 - House trespass by night 427 - Mischief causing damage 382 - Theft after preparation for causing death, hurt or restraint |
| Code of Criminal Procedure (Cr.P.C) | 497(2), 497(5) | Bail provisions, conditions, and cancellation mechanisms |
| Mobile Device Identification, Registration and Blocking Regulations | 2017 | Procedures for lost/stolen mobile device reporting and investigation |
O R D E R