Nazir Ahmad vs The State
This matter concerns a petition for pre-arrest bail filed by the petitioner, Nazir Ahmad, in relation to F.I.R. No. 768/08, registered at Police Station Langrana, District Jhang, for offences under Sections 337-A(i), 337-A(ii), 337-F(v), 337-L(ii), 447, 511, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to the extraordinary relief of pre-arrest bail given the allegations of his involvement in causing injuries to multiple individuals. The court examined the record and noted that the petitioner was specifically attributed with causing injuries to four prosecution witnesses during the occurrence. Finding no evidence of mala fide on the part of the complainant or the police in implicating the petitioner, the court held that the petitioner failed to establish grounds for pre-arrest bail. Consequently, the court dismissed the application and recalled the ad-interim bail previously granted. The judgment reinforces the principle that pre-arrest bail is an extraordinary remedy that is not available where specific incriminating roles are attributed and no mala fide is demonstrated.
- Is pre-arrest bail available to an accused against whom a specific role of causing injuries is attributed in the F.I.R.?
- Does the absence of proven mala fide on the part of the complainant or police justify the dismissal of a pre-arrest bail application?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 447, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
M.A. ZAFAR, J. - Nazir Ahmad, the petitioner seeks pre-arrest bail in case F.I.R. Nov 768/08, dated 26.11.2008, for offence under Sections 337-A(i)/337- A(ii)/337-F(v)/337-L(ii)/447/511/148/149, PPC registered with Police Station Langrana District Jhang on the written application of Akbar Ali complainant.
2. According to the allegation, on 09.11.2008 at about 8/9.00 a.m. Petitioner armed with Tangori alongwith his co-accused all armed with deadly weapons caused injuries to two persons, Nazir Ahmad complainant, his niece Ghulam Bibi and his Bhanjhas Aslam, Ashraf and h1s son Allah Bukhsh with their respective weapons.
3. Learned counsel for the petitioner submits that petitioner has been falsely involved. He has nothing to do with the commission of offence and he has been involved mala fide.
4. On the other hand, learned DPG who is assisted by learned counsel for the complainant submits that a specific role of causing injuries to PWs have been attributed to the petitioner and there is no extraordinary circumstance to admit the petitioner to pre-arrest bail.
5. After hearing learned counsel for the parties and perusing the record, I have noticed that during the occurrence, petitioner alongwith his co-accused persons caused specific Injuries to four persons namely Akbar Ali, Aslarn, Ashraf and Ansar PWs. No mala fide on the part of the complainant or on the part of the police to falsely implicate the petitioner has been spelt out.
Therefore, the present application is dismissed. Resultantly, the ad-interim bail granted vide order dated 14.5.2009 is recalled.