MUHAMMAD SHAFIQUE vs THE STATE
The petitioners moved an application for pre-arrest bail in F.I.R. No. 253 of 2005 registered under sections 337-A(ii), 337-L(ii), 337-H(ii), 148, and 149 of the Pakistan Penal Code at Police Station Saddar, Muridke. The core legal question was whether the petitioners were entitled to pre-arrest bail given the delay in the F.I.R., attribution of roles, and comparison with a co-accused who was granted post-arrest bail. The Lahore High Court held that the petitioners were named in the F.I.R., attributed specific injuries with Sotas, found guilty during the investigation, and had not yet effected recoveries, making their case distinguishable from the co-accused. Consequently, the court dismissed the pre-arrest bail application, establishing that pre-arrest bail is an extraordinary concession that cannot be granted where active involvement, specific role attribution, and unrecovered items are established against the accused during the investigation.
- Whether delay in lodging the F.I.R. alone is sufficient ground to grant pre-arrest bail?
- Can the case of an accused seeking pre-arrest bail be equated with a co-accused who has been granted post-arrest bail?
- Are petitioners attributed with specific injuries and named in the F.I.R. entitled to the extraordinary concession of pre-arrest bail?
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' SYED SHABBAR RAZA RIZVI, J.--- The petitioners have moved this application for bail before arrest in F.I.R. No,253 of 2005, dated 28-6-2005, under sections 337-A(ii), 337-L(ii), 337-H(ii), 148 and 149, P.P.C. At Police Station Saddar, Muridke.
2. Briefly, according to the F.I.R., the complainant was attacked when he asked accused either to return land for which he had already made payment or return his money. On 21-6-2005, petitioners, and co-accused Muhammad Rafiq attacked the complainant and caused him three injuries.
Petitioner No,1 Muhammad Shafiq also caused firing with pistol .30 bore.
3. The learned counsel for the petitioner submits that there is a delay of four days in lodging F.I.R. He also submits that no specific role has been attributed to the petitioners. He submits that the main accused in this case, Muhammad Rafiq has already been granted after arrest bail. He submits that at < the most case against the petitioners is under section 337-L(ii), P.P.C.
4. On the other hand, the learned counsel for the State submits that a role has been attributed to the petitioners. They have been found guilty during the course of investigation.
5. The conjunctive reading of F.I.R. And M.L.R. Shows that petitioners Nos.1 and 2 are attributed one injury each with Sotas at the person of the complainant. The petitioners have been named in the F.I.R. The recovery has not been effected. The Investigating Officer has also reported their involvement. Case of the petitioners cannot be compared with co-accused Muhammad Rafiq who was granted bail after arrest. In view of the above, I am not inclined to grant them extraordinary concession of pre-arrest bail. Therefore, this application is dismissed.