Muhammad Ajmal, etc. vs The State, etc.
The petitioners sought pre-arrest bail in respect of F.I.R. No. 313 dated 10.12.2013 registered under Sections 337-A(ii) and 34 of the Pakistan Penal Code, 1860 at Police Station City Shakkargarh, District Narowal, after their bail application was dismissed by the Additional Sessions Judge. The core legal question before the court was whether the petitioners were entitled to pre-arrest bail given the nature of the injuries, previous litigation, and facts warranting further inquiry. The Lahore High Court held that the petitioners had made out a case for pre-arrest bail, noting that one injury was bailable, the other did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898, and there was previous litigation indicating possible false involvement. The court laid down the principle that where a case falls for further inquiry and the accused join the investigation, sending them behind bars serves no useful purpose.
- Whether pre-arrest bail can be granted when the offenses charged do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does previous criminal litigation between the parties raise a possibility of false involvement for the purpose of pre-arrest bail?
- Can bail be confirmed when the accused have joined the investigation and the case requires further probe?
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' SHAHID BILAL HASSAN, J. --- Beseeching for giant of pre-arrest bail in a case bearing F.I.R. No, 313, dated 10.12.2013 offence under Sections 337-A(ii), 34 of Pakistan Penal Code, 1860, registered at Police Station, City Shakkargarh, District Narowal, after having been declined vide order dated 21.01.2014 by the learned Addl. Sessions Judge, Shakkargarh, the petitioners Muhammad Ajmal and Muhammad Afzal alias Kaka have brought the instant petition.
2. Precise allegation against the petitioners is to the effect that they alongwith their co-accused assaulted upon father of the complainant and petitioner Muhammad Ajmal caused Chhuri blow on his (complainant's father) left ear and petitioner Muhammad Afzal alias Kaka gave brickbat, blow which, hit on his (complainant's father) head behind left ear.
3. Heard.
4. After hearing arguments and perusing the record, it has come on surface that the petitioner Muhammad Afzal alias Kaka is paternal uncle of the complainant, meaning thereby real brother of the injured Khalid lqbal, while Muhammad Ajmal is real cousin of the complainant. Admittedly, there is previous criminal litigation pending between the complainant and accused side, so the false involvement of the petitioners in this case with male fide intention cannot be ruled out. Even otherwise, the injury attributed to the petitioner Muhammad Afzal alias Kaka does fall under Section 337-A(i) of Pakistan Penal Code, 1860, which is bailable in nature, while the injury attributed to petitioner Muhammad Ajmal falls under Section 337-A(ii) of Pakistan Penal Code, 1860 which entails punishment of five years and same does not fall within the ambit of prohibitory clause of Section 497 of the Cr.P.C. Moreover, the co-accused namely Imran and Muhammad Akmal have been found innocent during the investigation, which also makes the case of the prosecution that of further probe/inquiry. The petitioners have joined the investigation and when they have made a case for further probe, sending them behind the bars so as to enable them to come out of jail after few days will serve no useful purpose to the prosecution. Therefore, the application in hand is accepted and ad interim pre arrest bail already granted to the petitioners is confirmed subject to furnishing of fresh bail bond in the sum of Rs, 50,000/- (Fifty thousand) each with one surety each in the like amount, to the satisfaction of the learned Trial Court.
5. Before parting with this order, it is, however, clarified that the findings recorded supra are tentative in nature and will have no effect whatsoever upon the merits of the case in any manner.
Ad-interim pre-arrest .