SHAHID IQBAL vs THE STATE and another
This criminal matter pertains to a petition for post-arrest bail filed by Shahid Iqbal in connection with F.I.R. No. 358 of 2008, registered under Sections 337-F(v), 337-F(i), 148, and 149 of the Pakistan Penal Code 1860 at Police Station Machhiwal, District Vehari. The petitioner was accused of causing an injury to the right hand of the victim using an iron rod. The core legal question was whether the petitioner was entitled to post-arrest bail under Section 497(2) of the Code of Criminal Procedure 1898 on the ground of further inquiry. The Lahore High Court observed that the petitioner had been incarcerated since November 2008, was no longer required for further investigation, and no recovery had been effected. Crucially, the Medico-Legal Certificate appeared prima facie fabricated, and the injured party had failed to appear before a duly constituted Medical Board for re-examination. Consequently, the High Court held that the case warranted further inquiry and admitted the petitioner to bail.
- Whether the failure of an injured complainant to appear before a Medical Board for re-examination makes the case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can post-arrest bail be granted where an accused is no longer required for investigation and no recovery has been effected from him?
- Whether allegations of a fabricated Medico-Legal Certificate justify admission to bail under Section 497(2) of the Code of Criminal Procedure 1898?
- 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
' NAZEER AHMAD GHAZI, J.---Petitioner seeks post-arrest bail in case F.I.R. No,358 of 2008, 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 recorded.
5. The petitioner is behind the bars 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.C. 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.