MUHAMMAD IMTIAZ alias Mazhari vs STATE and another
This petition for pre-arrest bail arises from FIR No. 521/2012, involving allegations of assault and causing injuries under Sections 337-F(iii), 337-F(v), 337-A(i), 337-L(ii), 148, and 149 of the Pakistan Penal Code 1860. The petitioner sought bail, arguing false implication, lack of specific injury attribution, inordinate delay in FIR registration, and malafide intent. The State opposed the bail, citing the petitioner's presence in the FIR and findings of guilt during investigation, though admitting the complainant failed to join the investigation. The Court held that the FIR was lodged with unexplained delay, no specific or grievous injury was attributed to the petitioner, and the offences charged did not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898. Emphasizing the principle of consistency and parity with a co-accused already granted bail, the Court confirmed the pre-arrest bail, reaffirming that in non-prohibitory offences, bail is the rule and refusal is the exception.
- Is the grant of bail the rule and refusal the exception in cases not falling within the prohibitory clause of Section 497, Code of Criminal Procedure 1898?
- Does the principle of consistency and parity apply when a co-accused has already been granted bail in the same case?
- Can pre-arrest bail be granted when the FIR is lodged with an inordinate delay and no specific injury is attributed to the accused?
- Section 498, Code of Criminal Procedure 1898
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Through this petition filed under Section 498, Cr.P.C, the petitioner, Muhammad Imtiaz alias Mazhari seeks pre-arrest bail in case FIR No, 521/2012 dated 19.10.2012 for offences under Section 337-F(iii), 337-F(v), 337-A(i), 337-L(ii), 148, 149, PPC registered at Police Station Rodala Road, District Faisalabad.
2. According to the FIR on 10.10.2012 at 10:00 p.m. the complainant accompanied with Mohsan Ali, Hanif and Shahid was on his way home when they were attacked by the petitioner and other co- accused. The petitioner, who was stated to be armed with a shot gun caused injuries with the "Butt" of the weapon which he was carrying.
3. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely roped in this case.. The petitioner has not been ascribed any specific injury in the FIR. No grievous or life threatening injury has been attributed to the petitioner. The FIR has been lodged with an inordinate delay. The petitioner is a previous non-convict no more required for further investigation of the case. The FIR has been lodged against the petitioner with malafide intention and ulterior motives.
4. No one is present on behalf of the complainant in spite of being informed about the fixation of the case by Jaffar Ali S.I.
5. The learned Additional Prosecutor General has opposed the petition by submitting that the petitioner has been. named in the FIR and a specific role has been attributed to him. The petitioner has been found to be guilty during the investigation which has been conducted. However, in all fairness, the learned Additional Prosecutor General has submitted that neither the complainant nor his injured brother Mohsin Ali have joined the investigation inspite of being called upon time and again by the Investigating Officer of the case.
6. Arguments have been heard and the record perused.
7. It is clear that the instant FIR has been lodged with an inordinate delay for which no plausible explanation is forthcoming. The offence is stated to have taken place on 10.10.2012 whereas the instant FIR was lodged on 19.10.2012. No specific injury has been attributed to the petitioner. There is nothing on the record to show that the petitioner caused any grievous or life threatening injury to any one. The petitioner has been charged with an offence which does not fall within the Prohibitory Clause of Section 497, Cr.P.C, hence, in cases not punishable with death, imprisonment for life or ten years imprisonment grant of-bail is a rule and refusal is an exception. It has strongly been asserted by the learned counsel for the petitioner that the FIR has been lodged against him by the complainant with malafide intention and ulterior motives. The case of the petitioner is at par with that of co-accused Qaisar Nadeem, who has earlier been allowed bail by this Court while disposing of Crl. Misc. No, 16491-B-2012, hence, on the principle of consistency and parity, the petitioner wauld also be entitled to the concession of bail as has been held by the august Supreme Court of Pakistan in Muhammad Daud & another versus the State & another (2008 SCM R 173).
8. For what has been stated above, this petition is accepted and ad-interim pre-arrest bail earlier allowed to the petitioner vide order dated 14.11.2012 is hereby confirm subject to his furnishing bail bonds in the sum of Rs,50,000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.