MUHAMMAD ZAHAR SHAH vs The STATE and others
This matter arises from a petition impugning the judgment of the Lahore High Court which dismissed the petitioner's application for the cancellation of pre-arrest bail granted to the private respondents. The respondents were granted pre-arrest bail by the Additional Sessions Judge, Kasur, in connection with an F.I.R. registered under sections 395, 412, 420, 468, 447, 471, and 511 of the Pakistan Penal Code 1860, relating to a dispute over a crop. The core legal question was whether the High Court erred in refusing to cancel the pre-arrest bail extended to the respondents. The Supreme Court held that the dispute between the parties is primarily of a civil nature concerning a rice crop, and since the police investigation resulted in a negative report regarding the guilt of the private respondents, false allegations at this stage could not be ruled out. Consequently, the Supreme Court found no material irregularity in the impugned judgment, dismissed the petition, and refused leave to appeal, affirming that bail cancellation is unwarranted where police reports exonerate accused parties in civil-dispute-laced criminal matters.
- Whether pre-arrest bail should be cancelled when a police investigation submits a negative report regarding the guilt of the accused?
- Can criminal proceedings arising from a dispute of a civil nature serve as grounds for bail cancellation?
- Does an appellate court interfere with a High Court's refusal to cancel bail absent a material irregularity?
- Section 395, Pakistan Penal Code 1860
- Section 412, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 447, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
ORDER
' SARMAD JALAL OSMANY, J.---This petition impugns the judgment of the learned Lahore High Court (Lahore) in Criminal Miscellaneous Application No,14868-CB of 2011 of 2010(sic.) filed by the petitioner whereby same was dismissed.
2. Briefly stated the facts of the matter are that the respondents Nos.2 to 14 were granted pre-arrest bail by the learned Additional Sessions Judge, Kasur in F.I.R. No,153 dated 2-4-2009 registered under sections 395, 412, 420 468, 447, 471, 511, P.P.C. At Police Station Sarai Mughal, Kasur. The complainant/petitioner filed the aforementioned Miscellaneous Application before the learned Lahore High Court for cancellation of said concession to the said respondents which as noted above was dismissed and hence this petition.
3. Ch. Muhammad Hussain, learned Advocate Supreme Court appearing for the petitioner in support of the petition has firstly submitted that the delay in filing the F.I.R. Was due to the fact that some of the private respondents were police officials and hence they effectively thwarted petitioner's attempt to lodge the F.I.R. In question. Finally the said F.I.R. Was lodged through the intervention of the Courts of Law as the allegations against the private respondents are that they beat up the complainant party, confined them in a car and took away their paddy crop which prima facie constitutes a criminal act and for which purpose ample evidence was available with the petitioner in the shape of eye-witnesses etc. Hence the concession of pre-arrest bail was wrongly extended to the private respondents as there is no allegation of mala fides etc. Against the complainant. Learned Advocate Supreme Court further submits that the incident itself is not denied by the private respondents as according to them the crop was taken away by the parties who were declared as the owner thereof in arbitration proceedings between them.
4. On the other hand, Rana Arif, learned Advocate Supreme Court appearing for the private respondents, submits that the petitioner is the tenant of respondent No,9 Muhammad Iqbal and had filed a suit against him and others for pre-emption which was compromised and decreed.
Hence in fact the private respondents in consequence of such decree had taken away the rice in question and all the allegations of applying force for this act and manhandling of the complainant party have been belied through the police investigation.
4(sic.) We have heard both the learned Advocates Supreme Court appearing for the parties and perused the record with their assistance.
5. Prima facie it appears that the dispute between the parties is of civil nature as the bone of contention between the parties is the rice crop in question. The matter has been thoroughly investigated by the police authorities who have filed a negative report insofar as the guilt of the private respondents is concerned before the court in question. Consequently false allegation etc. Cannot be ruled out at this stage.
6. In these circumstances we do not find any defect or other material irregularity in the impugned judgment which would convince us to interfere in the matter. Consequently this petition is dismissed and leave refused.