MUHAMMAD SHAFIQUE vs THE STATE and anothers
This matter concerns a petition for pre-arrest bail filed by the petitioner, Muhammad Shafique, in connection with F.I.R. No. 463 of 2012, registered under Sections 337-A(i), 337-F(v), 337-L(2), 148, and 149 of the Pakistan Penal Code 1860. The petitioner sought pre-arrest bail, arguing that the F.I.R. was mala fide due to previous litigation between the parties and that the injuries attributed to him were bailable. The State and the complainant opposed the application, highlighting that the complainant suffered a fracture and that the petitioner had played 'hide and seek' with the courts by suppressing the fact that his previous bail application had been dismissed on merits by the Additional Sessions Judge. The Court held that while deeper appreciation of evidence is not required at the pre-arrest bail stage, the petitioner’s conduct in concealing the dismissal of his prior bail application disentitled him to the equitable relief of pre-arrest bail. Consequently, the Court dismissed the petition and withdrew the ad interim pre-arrest bail previously granted, emphasizing that such conduct precludes the exercise of discretion in the petitioner's favor.
- Does the suppression of the fact that a previous bail application was dismissed on merits disentitle a petitioner to the concession of pre-arrest bail?
- Is a deeper appreciation of evidence permissible at the stage of pre-arrest bail?
- Can a petitioner be denied pre-arrest bail based on their conduct of playing 'hide and seek' with the courts?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
MUHAMMAD KHALID MEHMOOD KHAN, J.---The petitioner Muhammad Shafique son of Muhammad Rafique, seeks pre-arrest bail in case F.I.R. No,463 of 2012 dated 12-5-2012 registered under sections 337-A(i), F(v), L(2), 148, 149, P.P.C. At Police Station Ferozwala District Sheikhupura.
2. As per story of F.I.R.; the allegation against the petitioner is that he while armed with iron rod gong with his co-accused persons assaulted upon the complainant and caused him injuries.
3. Learned counsel innocent and has wrongly of F.I.R. Are mala fide that parties are litigating of 2007 under sections against the complainant. For petitioner submits that petitioner is been involved in this case. The contents It is admitted fact between the parties with each other and case F.I.R. No,127 420, 468, 471, P.P.C. Is registered The story mentioned in the F.I.R. Is highly doubtful. MLC shows the injury attributed to petitioner falls under sections 337-A(i), 337-L(2), P.P.C. Which are bailable. The petitioner is a government employee and there is no apprehension of his abscondance.
4. Learned D.P.-G. Assisted by learned counsel for complainant opposed the bail application and submits that complainant's finger is fractured, the injury is directly attributed to petitioner, the petitioner along with his co-accused beaten the complainant in the court premises and as such he is not entitled for confirmation of pre-arrest bail.
5. Heard. Record perused.
6. The petitioner is nominated in the F.I.R. With a specific role. MLR shows that complainant's 1st finger is broken whereas the contents of F.I.R. Shows that it is the thumb of complainant which was fractured. The argument of learned counsel for petitioner is that the story of F.I.R. Does not match with the MLR. No doubt MLR shows that 1st finger of complainant is fractured but it is admitted fact that complainant has received injuries with iron rod. Iron rod is yet to be recovered from the petitioner. At the pre-arrest bail stage deeper appreciation of the allegation cannot be looked into, parameters of pre-arrest bail and post arrest bail are different. Further the petitioner's bail was dismissed on merits by the learned Additional Sessions Judge, Ferozwala and petitioner again filed the application without mentioning this fact before the learned Additional Sessions Judge. The behaviour of petitioner shows that he is playing hide and seek with the courts, hence prima facie he is not entitled for the concession of pre-arrest bail.
7. In view of above, this bail application is dismissed and ad interim pre-arrest bail already granted to petitioner vide order dated 6-7-2012 is withdrawn.