MUHAMMAD ASLAM and 2 otherss vs STATE and another
This matter concerns a petition for pre-arrest bail filed by Muhammad Aslam, Muhammad Akram, and Sajid Mehmood, who were accused in FIR No. 233/2014 registered under Sections 337-A(i), 337-A(iii), 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to pre-arrest bail given the circumstances of the alleged assault and the nature of the injuries. The Court observed that the FIR was lodged with an unexplained delay of eight days, and no specific injuries were attributed to the petitioners. Furthermore, the medical report indicated that the complainant's injuries were simple in nature. The Court held that the petitioners' involvement required further investigation and that the possibility of false implication due to a family dispute could not be ruled out. Additionally, the Court noted that the offences charged were either bailable or fell outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, the Court confirmed the pre-arrest bail, emphasizing that the purpose of such relief is to protect innocent individuals from harassment and humiliation.
- Does an offence under Section 337-A(iii) of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- What is the primary objective of granting pre-arrest bail in criminal cases?
- Can an unexplained delay in lodging an FIR constitute grounds for granting pre-arrest bail?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Muhammad Aslam, Muhammad Akram and Sajid Mehmood petitioners seek pre-arrest bail in case FIR No, 233/2014 dated 12.8.2014 under Sections 337-A(i), 337-A(iii), 148, 149, PPC registered at Police Station Sheikh Fazal District Vehari.
2. As per FIR lodged by Ghulam Mujtaba complainant it is alleged that on 4.8.2014 he came to take his wife along from the house of her father when the petitioners/brothers of his wife Mst. Robina Bibi gave him Sota blows.
3. Arguments heard. Record perused.
4. No specific injury is attributed to the petitioners. There is a delay of 8 days in lodging of the FIR as the occurrence allegedly took place on 4.8.2014 whereas the FIR was lodged on 12.8.2014. The MLC of the complainant was conducted on 6.8.2014. According to the MLC the injures sustained by the complainant are simple in nature. Chances of petitioners' false implication on the basis of family dispute cannot be ruled out. Alleged complicity of the petitioners is therefore necessarily a matter of further probe. Offence under Section 337-A(i), PPC is bailable whereas offence under Section 337-A(iii), PPC does not fall within the prohibitory clause of Section 497, Cr.P.C. Object of pre-arrest bail is to protect the innocent persons from humiliation, harassment and disrespect on the basis of false implication.
5. For the above reasons this petition is allowed and ad-interim pre-arrest bail already granted to the petitioners is confirmed subject to furnishing fresh bail bonds in the sum of Rs, 1,00,000/- each with one surety each in the like amount to the satisfaction of the trial Court.