MUHAMMAD ALI vs STATE and another
This criminal petition seeks post-arrest bail in case FIR No. 203 registered under Sections 436, 452, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Fateh Sher, District Sahiwal. The core legal question revolves around whether the petitioner is entitled to post-arrest bail where general allegations of trespass and mischief by fire are made, but no specific overt act or weapon is attributed to him, and he was empty-handed. The Lahore High Court allowed the petition, holding that since no specific role or recovery was attributed to the petitioner, his mere presence while empty-handed, coupled with the fact that he is a witness in a private complaint against the complainant party making false implication plausible, brings his case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The key principle laid down is that the absence of specific overt acts, lack of recoveries, and a plausible ground for false implication due to prior litigation warrant the grant of post-arrest bail for further inquiry.
- Whether post-arrest bail can be granted when no specific overt act or role is attributed to the accused in the FIR?
- Does the absence of any recovery at the behest of the accused during investigation justify further inquiry into his guilt?
- Can prior litigation and enmity between the parties create a plausible ground for false implication warranting bail?
- Section 436, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-H(ii), Pakistan Penal Code 1860
ORDER
Muhammad Ali, petitioner, through this petition, seeks post arrest bailin case FIR No, 203 dated 01.09.2008, offence under Sections 436/452/148/149 PPC registered at Police Station, Fateh Sher, District Sahiwal.
2. Briefly the facts of the case are that Rana Fayyaz Ahmad, complainant got lodged FIR to the effect that he was resident of Chak No, 82/6-R in his own residence. On 30.08.2008 at about 11/12 a.m the petitioner along with others while armed with different type of weapons along with two unknown persons, attacked upon his house for illegal possession. They allegedly broke the outer wooden door and trespassed inside. Azhar Hameed accused threw tires of motorcycle and cycles while Abdul Hameed accused allegedly poured kerosene oil on the tires. He tried to prevent Abdul Hameed and Azhar Hameed from doing so whereupon they threatened while armed with pistols and started abusing. In the meantime, Abdul Hameed set the tires on fire and Azhar Hameed remained raising lalkara that no body should be spared. Due to fire the wooden door, electric supply wires and other house hold articles were burnt His wife became senseless due to smoke of the oil. They saved their lives while running away from the house. In the meantime Malik Sultan and Shahzad Khan etc. PWs reached there, and informed Rescue 1122 and they also came there. The motive was stated that the petitioner along with others wanted to possess his own house illegally and already he had also got registered a case FIR 315 of 2005 offence under Section 337- H(ii)/452/148/149 PPC registered at Police Station, Fateh Sher, District Sahiwal against the petitioner and others.
3. After hearing the learned counsel for the parties and going through the record, I find that no role whatsoever is attributed to the petitioner in the alleged occurrence and mere, his presence was shown and that too he was empty handed. Even during the course of investigation nothing was recovered at the behest of the petitioner. He is a witness of private complaint against the complainant party of present FIR; hence possibility of false implication cannot be ruled out. Prima facie, the petitioner's case requires further inquiry qua his guilt.
4. For what has been discussed above, this petition is allowed and petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs,50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.