Mst. SHAZIA BIBI vs STATE etc.
This matter concerns a petition for pre-arrest bail filed by Mst. Shazia Bibi in connection with FIR No. 297/2010, initially registered under Sections 506B, 148, 149, 447, and 511 of the Pakistan Penal Code 1860, and subsequently amended to include Sections 302, 109, and 34 of the Pakistan Penal Code 1860 following the death of a co-accused. The core legal question was whether the petitioner was entitled to confirmation of pre-arrest bail given the allegations of her involvement in a land dispute and the specific role attributed to her during the incident. The Court held that the petitioner was entitled to pre-arrest bail, confirming the ad-interim bail previously granted. The Court reasoned that no specific injury was attributed to the petitioner, and the investigation suggested that the fatal injury was caused by another individual. Furthermore, the Court found evidence of mala fide intent by the complainant and collusion by the police to humiliate the petitioner. The key principle established is that where the prosecution fails to show specific culpability and mala fides are apparent, the accused is entitled to the benefit of the proviso to Section 497 of the Code of Criminal Procedure 1898.
- Is an accused entitled to pre-arrest bail where the investigation reveals no specific injury attributed to them and the prosecution case appears motivated by mala fides?
- Does the mere raising of a Lalkara by an accused, without causing physical injury, constitute sufficient grounds to deny pre-arrest bail in a murder case?
- Can pre-arrest bail be confirmed when the police investigation indicates that the fatal injury was inflicted by a person other than the petitioner?
- Section 506B, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 447, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Mst. Shazia Bibi petitioner seeks pre-arrest bail in a case registered vide FIR No, 297 dated 17.10.2010 under Sections 506B/148/149/447/511 PPC registered at P.S. Marot, Distt. Bahawalnagar on the written application of Mansoor Ahmad.
2. With brevity, allegations levelled by the complainant in the FIR is that on the day of occurrence i,e, 17.3.2010 at 4.0 a.m., when the complainant alongwith his employees was present in his petrol pump situated at Marot road in the area of Chak No, 319/HR, Tehsil Fortabbas, petitioner alongwith with co-accused Muhammad Naeem husband, Muhammad Arshad and others came there alongwith a cot, by placing the cot on the said petrol pump, petitioner alongwith said co-accused Muhammad Naeem raised a Lalkara that they have come to possess forcibly petrol pump and its piece of land, whereupon complainant and his other persons forbade and scuffle took place and in the same, Muhammad Riaz co-accused received injuries at the hands of complainant party. Some of the accused were held up by the complainant party alongwith Pistol; they were produced before the police along-with said Pistol. Motive has been mentioned in the FIR that petitioner and her husband had a dispute on a piece of land where petrol pump had been installed by the complainant.
3. Petitioner was declined pre-arrest bail by the learned trial Court and thereafter, she has come to this Court for the same relief.
4. Muhammad Riaz, who received injuries in the incident died later on. His father Mian Muhammad as well as his widow Mst. Naseem Akhtar subsequently brought diverse versions about the murder of Muhammad Riaz, and then police added offense U/Ss. 302/109/34 PPC. In the cross-version put forth by father of the deceased, petitioner alongwith others were found involved, whereas version introduced by Mst. Naseem Akhtar, widow of the deceased has been found not correct by the Investigating Agency. Hence, bail application.
5. Before addition of offences U/Ss. 302/109/34 PPC, petitioner was granted pre-arrest bail in the same case vide order dated 25.11.2010 in Cr1. Misc. No, 2353-B-2010.
6. In support of this bail application, it has been argued that during the entire occurrence, except Lalkara, no other role has been assigned to the petitioner and same role has falsely been attributed to her and even otherwise, being joint Lalkara, it is inconsequential. It has further been argued that during occurrence, petitioner did not cause any injury to the deceased or anybody else. The outcome of the investigation in nutshell is that Gunman of the complainant namely Asif Iqbal Zafar gave Butt blow on the head of Muhammad Riaz deceased, who later-on breathed his list. It has further been argued that complainant because of dispute as mentioned above, has falsely involved the petitioner whereas police under the clout of complainant has actuated with ulterior motives to arrest the petitioner and nothing is required to be recovered from the petitioner and also being a fair sex is entitled for confirmation of pre-arrest bail.
7. Learned DPG assisted by learned counsel for the complainant as well as learned counsel for father of the deceased has opposed the bail application of the petitioner on the ground that she is named in the FIR. She alongwith her co-accused came at the spot and initiated the occurrence by shouting a Lalkara. During investigation, petitioner has been found involved and she is not entitled in the circumstances of the case for grant of extra-ordinary relief of pre-arrest bail.
8. Heard. Record perused. .
9. Before inception of proceedings u/Ss. 302/109/34 PPC as cross version, petitioner was granted pre-arrest bail by this Court as mentioned herein before. In the alleged cross-version as well as epitome of the investigation, it has no-where been brought on record that petitioner has caused any injury to the deceased. Facts and circumstances of the case manifestly reveal mala fide on the part of the complainant because of dispute over the piece of land where petrol pump had been installed, exists to involve the petitioner falsely in this case and on the other hand, it also appears that father of the deceased might have involved the petitioner in collusion with the complainant for some ulterior motives. It has also been found that police has maliciously actuated to cause arrest of the petitioner in order to humiliate her. Nothing is required to be recovered from the petitioner and her case comes in the Proviso of Section 497 Cr.P.C.
10.For what has been discussed above, this petition is accepted and ad-interim pre-arrest bail already granted to the petitioner vide order dated 26.1.2011 is hereby confirmed subject to her furnishing fresh bail bonds in the sum of Rs, 1,00,000/- (one lac) with one surety in the like amount to the satisfaction of learned Ilaqa/Duty Magistrate of Police Station Marot, District Bahawalnagar.
Petitioner is directed to join the police investigation again, if she is summoned for the same.