ZULFIQAR ALI and 2 others vs THE STATE
The petitioners sought pre-arrest bail in case F.I.R. No. 112/03 registered under sections 452, 380, 337-F(i), 337-A(i), 337-L(ii), 148 and 149 of the Pakistan Penal Code 1860, following a domestic dispute that escalated into an alleged physical altercation and theft. The core legal question was whether the petitioners made out a case for the grant of pre-arrest bail in the circumstances. The Lahore High Court held that the petitioners were not entitled to the extraordinary concession of pre-arrest bail, noting the nature of the injuries sustained by the complainants and the allegation that the petitioners had failed to join the investigation. The petition was accordingly dismissed.
- Whether an accused who fails to join the police investigation is entitled to pre-arrest bail?
- Can pre-arrest bail be granted in cases involving multiple injuries and counter-allegations of aggression under the Pakistan Penal Code 1860?
- Section 452, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' RUSTAM ALI. MALIK, J.---The petitioners namely Zulfiqar Ali, Imtiaz Ahmad and Naeem Ahmed seek pre-arrest bail in case F.I.R. No,112/03 registered on 8-3-2003 in Police Station Shariqpur Sharif under sections 452, 380, 337,-F(i), 337-A(i),337-L(ii), 148 and 149, P.P.C.
2. The F.I.R. Was lodged by one Mst. Khadija-u1-Kubra stating therein that her brother Muhammad Ashfaq was married with Asifa Bibi about 8/9 months prior to the registration of the case. However, there used to be frequent quarrels between them. On 2-3-2003, around 6-00 p.m. There was a quarrel between Muhammad Ashfaq and Asifa Bibi and Mst. Asifa Bibi proceeded to the house of her parents. However, around 8-30 p.m. Imtiaz, Zulfiqar, Naeem and Shahbaz Ahmad armed with Sotas reached there and started giving bearing to the complainant and her brother Muhammad Ashfaq P.W. After breaking open the look of the Almirah they also took along some gold ornaments (detailed in F.I.R.) and 20 pairs of garments, etc. On hearing the noise, Shahid and Muhammad Usman P.Ws. Reached there and got them rescued.
3. Arguments have been heard and record perused.
4. According to the Medico-legal report Muhammad Ashfaq had received five injuries on his person while Mst. Khadijaul-Kubra complainant had received six injuries. The learned counsel for the petitioners has submitted that Shahbaz Ahmad, a co-accused of the petitioners, has already been allowed bail by the learned Additional Sessions Judge. He has further submitted that in fact the complainant and her sister Mst. Abida and their brother Ashfaq were the actual aggressors and they had given serve bearing to Mst. Asifa Bibi, the real sister of the petitioners and Mst. Asifa Bibi and received four injuries on her person. The S.I. Present in the Court had IA stated that he had recorded the version of Mst. Asifa as well, as per direction of this Court. It appears that as a result of investigation by the A.S.P, Ferozewala, section 380, P.P.C. Was deleted. However, the A.S-I. Present in the Court has stated that the petitioners have not joined the investigation. As already mentioned above, Muhammad Ashfaq had received five injuries on his person while the complainant herself had received as many as six injuries.
5. Under the peculiar circumstances of the case, it does not appear to be a fit case for extra- ordinary concession of pre-arrest bail. The bail application is accordingly dismissed.