ATIF IQBAL vs STATE
This petition was filed under Section 498 of the Code of Criminal Procedure 1898, seeking confirmation of pre-arrest bail for the petitioners, Atif Iqbal and Amir Iqbal, in a case registered under Sections 324, 452, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to the extraordinary relief of pre-arrest bail given the allegations of causing injuries, which were declared bailable under Section 337-A(i) of the Pakistan Penal Code 1860. The Court observed that the complainant had implicated seven individuals, four of whom were declared innocent, and a co-accused had already been granted pre-arrest bail. Furthermore, the petitioners had joined the investigation. The Court held that the petitioners were entitled to bail, confirming the ad-interim pre-arrest bail. The key principle laid down is that pre-arrest bail is an extraordinary relief granted to protect innocent individuals from victimization and abuse of legal process, and if an accused has a strong case for post-arrest bail, denying pre-arrest bail merely to incarcerate them is considered unjustified.
- Is pre-arrest bail an extraordinary relief to be granted only in extraordinary situations?
- Should a court deny pre-arrest bail solely to send an accused to jail if they have a strong case for post-arrest bail?
- Can the question of vicarious liability be conclusively determined at the bail stage?
- Section 498, Code of Criminal Procedure 1898
- Section 324, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
ORDER
By filing instant petition under Section 498, Cr.P,C., the petitioners namely Atif Iqbal and Amir Iqbal seek pre-arrest bail in case FIR No, 210/2018, dated 14.05.2018, under Sections 324, 452, 148/149, PPC, registered with the Police Station City Burewala, . District Vehari.
2. As per FIR, the allegation against the petitioners and others are that when the complainant was present on his shop alongwith other PWs, all the petitioners armed with iron rods, hockey and pistols while raising lalkaras forcibly entered into the shop and injured the complainant and PW's.
3. Heard. Record perused.
4. The petitioners are saddled with the allegations of causing iron rods blows on the person of injured and the injuries have been declared as 337-A(i) PPC which are even otherwise bailable in nature.
5. The complainant implicated seven persons as accused just to wider the net. Four accused were declared as innocent. One co-accused namely Muhammad Zahid's pre-arrest bail has been allowed by the learned Additional Sessions Judge concerned. The petitioners have joined the investigation.
6. As far as the matter of vicarious liability, it would be seen at the time of trial after recording the evidence. Guidance is sought from Muhammad Azeem and others v. The State and others' (2015 YLR 2441) and Munawar v. The State (1981 SCMR 1092). It is settled law if accused has a good case for post arrest bail, the plea of the complainant to send them behind the bars for few days by dismissing their application for pre-arrest bail was held to be ludicrous. Case law is cited upon "Muhammad Aslam v. The State" (2000 YLR 1314). As per dictum laid down by the Hon'ble Supreme Court of Pakistan in the case of "Rana Muhammad Arshad v. Muhammad Rafique and another"
(PLD 2009 Supreme Court 427), it is held that pre-arrest bail is an extra ordinary relief to be granted only in extraordinary situations to protect innocent persons against victimization through abuse of law for ulterior motive.
7. For the above reasons, without touching other merits of this case, this petition is accepted and ad-interim pre-arrest bail already granted to the petitioners is confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 1,00,000/- each with two sureties each in the like amount to the satisfaction of learned trial Court.
8. It is, however, clarified that the observations made hereinabove are tentative in nature, and strictly confined to the disposal of this bail petition.