MUHAMMAD JAFAR and 2 others vs THE STATE
This matter arises from a petition filed under Section 498 of the Code of Criminal Procedure 1898 seeking pre-arrest bail in respect of an F.I.R. registered under Sections 337-A(ii), 337-F(i), and 337-L(ii) of the Pakistan Penal Code 1860. The core legal question concerns whether the petitioners are entitled to pre-arrest bail where allegations are general in nature, one co-accused was found innocent during investigation, and a discrepancy exists between the complainant's version and the medical evidence. The Lahore High Court accepted the petition and confirmed the pre-arrest bail. The court held that general allegations, discrepancies between ocular and medical accounts regarding the number of injuries, the lack of any injury declared grievous, and the fact that the accused joined the investigation brought the case within the scope of further inquiry under the criminal procedure law.
- Whether pre-arrest bail can be granted when there are general allegations of causing injuries and a discrepancy exists between the F.I.R. and the medical evidence?
- Does the finding of innocence of an accused during police investigation justify confirming pre-arrest bail for co-accused facing general allegations?
- Is a case considered one of further inquiry when the injuries sustained are not declared grievous and the accused have fully joined the investigation?
- Section 498, Code of Criminal Procedure 1898
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
ORDER
' ZAFAR IQBAL CHAUDHRY, J.---Through this petition under section 498, Cr.P.C. The petitioners seek pre-arrest bail in case F.I.R. No,645, dated 21-7-2008 registered under sections 337-A(ii)/ 337- F(i)/337-L(ii), P.P.C. At Police Station Ghulam Muhammad Abad District Faisalabad on the application of Muhammad Jamil Shahid.
2. Learned counsel for the petitioners submits that the petitioners have been involved in this case falsely on account of enmity with the complainant party which has already been admitted in the F.I.R. He further submits that there is general, allegation against the petitioners that they caused injuries to Muhammad Jamil Shahid complainant. According to the medico legal report the victim received three injuries but in the F.I.R. It has been alleged that he was given severe beating and he received so many injuries. According to the learned counsel for the petitioners version of the complainant is not in line with the medical evidence. In view of the above, the petitioners are entitled to the concession of pre-arrest bail.
3. Learned DPG on the other hand opposes this petition on the ground that during investigation Muhammad Tanvir petitioner was found innocent as he was not present at the spot at the time of occurrence. So far as the other petitioners Muhammad Jafar and Sikandar are concerned there is general allegation against them that they caused injuries to the injured who has no motive to falsely involve them in this case and keeping in view this situation the petitioners are not entitled for grant of pre-arrest bail.
4. Perusal of the record shows that though the petitioners are named in the F.I.R. But there is general allegation against them for causing injuries to the injured person. So far as their litigation is concerned that is admitted in the F.I.R. According to the medico legal report no injury has been declared as grievous. One of the petitioners namely Muhammad Tanvir has been found innocent during investigation and the version given in the F.I.R. Also does not appear to be in line with the medical evidence because the injured has received only three injuries which creates doubt in the version of the complainant as according to him he received so many injuries. The petitioners have joined the investigation and are not required by the police any further. The case of the petitioners falls within the purview of further inquiry and sending them to jail at this stage would not serve any useful purpose to the prosecution. Hence this petition is accepted and ad interim pre-arrest bail already granted to the petitioners vide orders, dated 30-9-2008 is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court.