Muhammad Amir Saeed vs The State, etc.
This petition was filed seeking the extraordinary relief of pre-arrest bail in a case registered under Sections 337-F(v) and 337-A(iii) of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to pre-arrest bail given a ten-day unexplained delay in registering the First Information Report (FIR), the non-appearance of the complainant before the Medical Standing Board for re-examination, and the existence of pending civil litigation between the parties. The Lahore High Court accepted the petition and confirmed the ad-interim pre-arrest bail. The Court held that the unexplained delay in reporting the occurrence, the complainant's failure to appear for medical re-examination despite summons, and the pending civil dispute indicated a strong possibility of false implication stemming from personal motives, which justified the confirmation of pre-arrest bail.
- Whether an unexplained delay of ten days in lodging an FIR, combined with pending civil litigation, can ground a reasonable apprehension of false implication for the purposes of pre-arrest bail?
- What is the legal effect of a complainant's failure to appear before a duly constituted Medical Standing Board for re-examination on a petition for pre-arrest bail?
- Can pre-arrest bail be confirmed where the investigating officer fails to verify the manner of occurrence during the investigation?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
ORDER
AHMAD RAZA GILANI, J. -- Petitioner through the instant petition seeks extraordinary relief of pre- arrest bail in case F.I.R. No. 179, dated 06.04.2017 under Sections 337- F(v)/337-A(iii), P.P.C. registered on the complaint of Abdul Rehman at Police Station Shah Jamal, Muzaffargarh.
2. Arguments heard. Record perused.
3. Abdul Rehman complainant of the case reported the crime on 06.04.2017 in respect of the occurrence that took place on 26.03.2017 after a delay of ten days of the occurrence which has not been reasonably explained by the complainant. It is also noticed that injured/complainant was got medically examined after one day of the occurrence and wider net was thrown by the complainant to entangle maximum number of persons from the accused side, as three brothers including present petitioner were implicated in the instant criminal case. Allegedly, present petitioner injured the complainant by giving butt blow on his nose. MLC of the injured was challenged by the present petitioner and Medical Standing Board was constituted but injured/complainant had not appeared for his re-examination despite repeated summons from the Board. During investigation, the manner of qccurrence had not been verified by the Investigating Officer of the case. Civil litigation between parties is also pending.
4. Keeping in view the facts and circumstances of the case, false implication of petitioner in the instant case out of personal motive of the complainant cannot be ruled out. As a result, this petition is accepted and ad-interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with surety in the like amount to the satisfaction of learned Trial Court.