MUHAMMAD SHABBIR vs The STATE and anothers
This pre-arrest bail application was filed by Muhammad Shabbir in case FIR No. 47/2013 registered under Sections 337A(i), 337A(iii), 337F(i), 337L(2), 354, 147, and 149 of the Pakistan Penal Code 1860 at Police Station Safdarabad, Sheikhupura. The petitioner was accused of inflicting an iron mongli blow causing a head fracture to the complainant's father. The core issue before the court was whether pre-arrest bail could be granted on the grounds of a cross-version alleging suppression of injuries and two competing versions of the incident. The Lahore High Court held that the petitioner failed to demonstrate any malafide on the part of the complainant or police required for anticipatory bail. Additionally, the cross-version attributed only simple injuries and had been investigated and cancelled by law enforcement. Because the petitioner caused a fracture to the victim's head bone and his physical custody was required for further investigation, the Court dismissed the petition. Anticipatory bail requires proof of malafide and cannot be claimed merely on an unproven cross-version.
- Whether an accused is entitled to pre-arrest bail merely on the ground of a cross-version that has been investigated and cancelled by the police?
- Is proof of malafide or ulterior motive essential for the grant of pre-arrest bail?
- Can pre-arrest bail be granted where the physical custody of the accused is required for investigation of a specific injury?
- Section 337A(i), Pakistan Penal Code 1860
- Section 337A(iii), Pakistan Penal Code 1860
- Section 337F(i), Pakistan Penal Code 1860
- Section 337L(2), Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' SYED MUHAMMAD KAZIM RAZA SHAMS!, J.---Muhammad Shabbir, petitioner seeks anticipatory bail in case F.I.R. No.47 dated 16-3-2013 registered with Police Station Safdarabad District Sheikhupura under sections 337A(i), 337A(iii), 337F(i), 337L(2), 354, 147 and 149, P.P.C. Having an allegation that he while armed with "Iron Mongli" with which he had caused an injury at, the head of father of the complainant.
2. Parties heard. Record perused.
3. The learned counsel for the petitioner had attempted to say that regarding the occurrence, a cross-version was also registered at their instance and in this manner, the complainant party had suppressed the injuries while reporting the matter to the police, as such, it is a case of two versions and the petitioner is entitled for the benefit of concession of bail. This submission of the learned counsel is untenable for the reason that in that cross-version, simple injuries were attributed to the complainant side and subsequently that cross version was not accepted by the investigating agency and the same was cancelled. The petitioner remained unable to point out any mala fide on the part of the complainant to falsely implicate him in the case. He is an accused of fracturing the head bone of Ghualm Abbas, father of the complainant and further that his person is required for further investigations, as such, he is not entitled for the concession of bail. The petition in the circumstances, having no merits, is dismissed.