NAZIR AHMAD and 3 otherss vs STATE and another
This matter concerns a petition for pre-arrest bail filed by Nazir Ahmad, Ghulam Shabbir, Muhammad Iqbal, and Muhammad Zafar in connection with FIR No. 170/2014, registered for offences under the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to confirmation of pre-arrest bail given the allegations of armed trespass and physical assault. The Court observed that the FIR was lodged with an unexplained two-day delay and that the investigation officer concluded the alleged occurrence did not happen as described, noting the place of occurrence belonged to the accused and that existing civil litigation suggested a dispute between the parties. Furthermore, the offences charged did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, and the investigation was complete with no requirement for custodial interrogation. Consequently, the Court confirmed the ad interim pre-arrest bail, holding that the case against the petitioners required further inquiry and that their false implication due to malice could not be ruled out.
- Does a case warrant further inquiry when the investigation officer concludes the alleged occurrence did not take place as described in the FIR?
- Can pre-arrest bail be confirmed if the offences charged do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is the existence of prior civil litigation between parties a relevant factor in determining the possibility of false implication in criminal cases?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' Petitioners Nazir Ahmad, Ghulam Shabbir, Muhammad Iqbal and Muhammad Zafar seeks pre- arrest bail in case FIR No, 170/2014 dated 03.06.2014, u/S. 337-F(v)/337-A(i)/452/354/148/149, PPC registered at P.S. Saddar Muzaffargarh.
2. Precise allegation against the petitioners is that they while armed with deadly weapons entered the house of the complainant and inflicted injuries on the person of Muhammad Jamal/complainant and Mst. Sakeena Bibi.
3. I have heard the learned counsel for the parties and perused the record.
4. There is delay of two days in lodging of the FIR which has not been explained. During the course of investigation the I.O. Came to a definite conclusion that in-fact the alleged place of occurrence belongs to the accused party and on the day of occurrence only some altercation took place between the woman folk of the parties and no occurrence as mentioned by the complainant in his FIR took place, Both the parties are related interne and the pendency of the civil litigation between them is not denied. The offences with which the, petitioners are charged do not fall within the prohibitory clause of Section 497, Cr.P.C. I.O. Present before the Court has frankly conceded that the petitioners have already joined the investigation which is complete against them. He has further conceded that the custody of the petitioners is not required by him. The petitioners are statedly to be previously non convict and there is no record against them. In view of the above backdrop false implication of the petitioners in the instant case on account of malice cannot safely be ruled out.
5. In view of the above, the matter to the extent of petitioners has become one of further inquiry.
Resultantly this petition is allowed and the ad interim pre-arrest bail already granted to the petitioners vide order dated 02.09.2014 is confirmed subject to their furnishing fresh bail bonds in the sum of Rs, 50,000/- (Rupee fifty thousand only) each with one surety each in the like amount to the satisfaction of learned trial Court.
6. It is pertinent to mention here that the observations made supra are tentative in nature.