Case Details

Citation(s)
2026 SLG 3736 = 2026 SLD 3736
Islamabad High Court
Crl. Misc. No.476-B of 2022
Presented By: ARBAB MUHAMMAD TAHIR
    13.05.2022               Petitioner in person with Raja Muhammad                                                     Yamin Abbasi, Advocate.  Ms. Nazia Imran, Advocate for complainant. Syed Shahbaz Shah, State counsel along with Raees SI.

  Hashmat Hussain   

VERSUS

  The State, etc.

Law: Criminal Procedure Code (V of 1898)

Section: 161

Summary

The petitioner sought pre-arrest bail in a cross-version FIR registered under Section 337-F(ii)/34 PPC, alleging that he attacked the complainant with a knife and caused an injury during a dispute.

The Court observed that the eyewitnesses' statements under Section 161 Cr.P.C. did not support the complainant's version that the petitioner was armed with a knife or inflicted the injury. Instead, they stated that only a scuffle had taken place. The Court also noted that the petitioner had already lodged a cross-FIR regarding the same incident, there was an unexplained delay in obtaining the Medico-Legal Report (MLR), and the alleged offence did not fall within the prohibitory clause of Section 497 Cr.P.C.

Relying on PLD 2021 SC 708 (Shahzada Qaiser Arfat v. The State), the Court held that pre-arrest bail can be granted where there is no sufficient incriminating material connecting the accused with the offence, even without independent proof of mala fide.

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