MAZHAR IQBAL vs STATE and another

This criminal petition was filed by the petitioner, Mazhar Iqbal, seeking confirmation of pre-arrest bail in connection with FIR No. 132/2018, registered under Sections 337-A(ii), 337-F(i), 148, and 149 of the Pakistan Penal Code 1860 at Police Station Saddar Mian Channu, District Khanewal. The core legal question was whether the petitioner was entitled to confirmation of pre-arrest bail given the subsequent evidentiary developments in the case. The prosecution alleged that the petitioner inflicted a hatchet blow to the complainant's head; however, the complainant later recorded a supplementary statement exonerating the petitioner and attributing the injury to a co-accused, Dilshad, who had already been granted pre-arrest bail. The Court held that, in light of the complainant's supplementary statement, the possibility of the petitioner's false implication could not be ruled out. Consequently, the Court confirmed the ad-interim pre-arrest bail, determining that remanding the petitioner to police custody would serve no useful purpose. The judgment reinforces the principle that where a complainant's subsequent statement creates significant doubt regarding the accused's involvement, pre-arrest bail is appropriate.