Legal Question in Criminal Law in Pakistan

392 PPC is a cognizable and non-bailable offence. Once an accused is nominated in the case (through FIR or supplementary statement of complainant etc.), he has to obtain the bail. (see schedule II of CrPC - Tabular Statement of Offences)

IO can declare a person innocent, if in his view, there is no or deficient evidence against accused to proceed with trial. (see Section 169 of CrPC)

There is no such difference legally if the accused is nominated in FIR or supplementary statement. However, if accused is nominated through supplementary statement, it goes somehow in benefit to him. But if otherwise the case is strong, an accused nominated through supplementary statement may not get much benefit.

you should get bail immediately after registration of FIR..

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As the offence is non-bailable you have to apply for bail.Principally there is no difference as such

between accused charged in F.I.R or supplementary statement .However it may give benefit to accused for delay in charging him.Accused may get benefit of it particularly for bail.In your case this factor along with fact of I.O declaring accused innocent will make strong case for bail.It is possible that I.O instead of arresting accused considering him innocent may opt to get him discharged.But this fact is brought to court notice which may or may not agree with discharge.It is also possible for S.H.O to grant bail but this power is very rarely exercised.

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Chamber of Abdul Jabbar Khan

Advocate High Court

Former District and Session judge

Dear,as offense is non bailable so you have to seek bail from the court of law. accused nominated in FIR is considered well strengthening the prosecution case and accused nominated in supplementary statements is mostly not given weight as supplementary statements are alien to criminal law.

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