SHAHID IQBA vs STATE and another
This is a criminal petition seeking post-arrest bail in respect of F.I.R. No. 358/08 registered under Sections 337-F(v), 337-F(i), 148, and 149 of the Pakistan Penal Code at Police Station Machhiwal, District Vehari, wherein the petitioner was accused of causing an injury with an iron rod to the hand of an injured person. The core legal question revolves around whether the petitioner is entitled to further inquiry under Section 497(2) of the Code of Criminal Procedure, given that the injured person failed to appear before a constituted Medical Board to challenge a potentially fabricated Medico Legal Certificate. The Lahore High Court accepted the petition and held that the case falls within the purview of Section 497(2) of the Code of Criminal Procedure, warranting further inquiry into the petitioner's guilt. The key principle laid down is that where questions arise regarding the veracity of a medical certificate and the injured party avoids re-examination by a Medical Board, grounds for further inquiry are established, making the accused a fit case for post-arrest bail.
- Whether non-appearance of an injured person before a constituted Medical Board for re-examination warrants further inquiry under Section 497(2) of the Code of Criminal Procedure?
- Can post-arrest bail be granted when the case does not fall within the prohibitory clause and no recovery remains to be made from the accused?
- Does the creation of a disputed or potentially fabricated Medico Legal Certificate justify the grant of bail for further inquiry?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Petitioner seeks post arrest bail in case.F.I.R. No, 358/08 Dated 26.9.2008 registered under Sections 337-F(v), 337-F(i)/148/149 at Police Station Machhiwal, District Vehari at the behest of Sabir Hussain, complainant against the petitioner and others with the allegation that petitioner along with other co-accused caused injuries to Abid Hussain and Ali Ahmad. Role attributed to the petitioner is that he caused injury with iron rod on the back of right hand of Abid Hussain.
2. Learned counsel for the petitioner submits that the only allegation against the petitioner is that he caused injury with an iron rod at the right hand of Abid Hussain, brother of the complainant; that the accused was arrested on 29.11.2008 and his case does not fall within the prohibitory clause of Section 497 Cr.P.C.
3. On the other hand, learned D.P.G has vehemently opposed the grant of bail to the petitioner contending that there is no mala fide on the part of the police or the complainant and the accused has admittedly committed the offence.
4. I have heard the learned counsel for the parties at length and perused the record.
5. The petitioner is behind the bar since 29.11.2008 and is no more required for the purposes of further investigation. The recovery has not been effected from the petitioner. It appears that the complainant party with the connivance of Medical Officer has got a fabricated MLC of Abid Hussain, with ulterior motive. The accused challenged the said medico legal certificate of injured before the learned Judicial Magistrate, Vehari who constituted the Medical Board for re- examination of both the injuries but the injured did not appear before the Medical Board, which fact is manifest from the report of Medical Board Bearing No, 7695 dated 30.12.2008.
6. In this view of the matter, The case of the petitioner is covered within the purview of Section 497(2) Cr.P.0 and calls for further inquiry into the guilt of the petitioner, therefore, I admit the petitioner to bail subject to his furnishing of bail bonds in the sum of Rs,1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.