| Case ID |
f8eb198a-1e00-4ac7-bae3-0419e587de68 |
| Body |
View case body. Login to View |
| Case Number |
Crl. Misc. No. 257812-B of 2018 |
| Decision Date |
Jan 31, 2019 |
| Hearing Date |
Jan 31, 2019 |
| Decision |
The court granted pre-arrest bail to petitioners Imran and Manzoor Hussain after determining that the FIR was recorded with a delay of 7 days without plausible justification. The allegations against the petitioners regarding causing injuries were found to be bailable, and the main roles in the alleged offences were attributed to co-accused individuals who had already been granted post-arrest bail. The court concluded that sending the petitioners to jail only to later release them on bail would be a mockery of justice. Consequently, the ad-interim pre-arrest bail was confirmed upon the petitioners furnishing fresh bail bonds. |
| Summary |
In the case of Crl. Misc. No. 257812-B of 2018, the Lahore High Court addressed a petition for pre-arrest bail involving charges under various sections of the Pakistan Penal Code and the Criminal Procedure Code. The petitioners, Imran and Manzoor Hussain, sought relief after being implicated in an FIR that was filed with a significant delay, raising questions about the credibility of the prosecution's case. The court noted that the allegations of injury were bailable and highlighted the importance of ensuring that individuals are not unjustly deprived of their liberty merely for the sake of procedural formalities. The decision reinforced the principle that the justice system should not engage in actions that would lead to absurd outcomes, such as detaining individuals only to release them shortly thereafter. This case underscores the significance of timely and credible evidence in the judicial process, highlighting a commitment to uphold the rights of individuals within the legal framework. The court's ruling reflects a balanced approach to justice, emphasizing both the rights of the accused and the responsibilities of law enforcement. Key legal concepts addressed include bail, the implications of delayed FIRs, and the need for thorough investigation before arresting individuals. This case serves as a critical reference for similar future cases involving pre-arrest bail and the assessment of evidence in criminal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FAROOQ HAIDER
|
| Lawyers |
Mr. Humayoun Rashid,
Mr. Haroon Rasheed,
Mr. Muhammad Nawaz Bhatti
|
| Petitioners |
MANZOOR HUSSAIN,
IMRAN
|
| Respondents |
STATE
|
| Citations |
2019 SLD 2072,
2019 PLJ 826
|
| Other Citations |
2014 SCMR 1349,
2017 CrLJ 1,
1999 CrLJ 749
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
498,
148,
149,
337A(i)F(v)L(ii),
354,
452
|