Ghulam Fareed vs State etc
This pre-arrest bail application arose from FIR No. 704/2019 registered under Sections 337-A(i), 337-F(i), 337-F(v), 337-L(2), 148, and 149 of the Pakistan Penal Code 1860 at Police Station Baseerpur, District Okara. The core legal question was whether the petitioner was entitled to pre-arrest bail when a Medical Board casts doubt on the authenticity of a non-bailable injury attributed to him. The petitioner was alleged to have inflicted injuries on the complainant's right hand and a witness's left arm. While the complainant's injury was bailable under Section 337-F(i), PPC, the witness's injury was initially categorized as non-bailable under Section 337-F(v), PPC. Upon challenging the medical finding, the District Standing Medical Board concluded that the possibility of fabrication regarding the witness's injury could not be ruled out. The High Court held that this medical opinion brought the applicability of Section 337-F(v), PPC within the ambit of further inquiry, raising potential false involvement. Consequently, the court allowed the petition and confirmed the petitioner's ad-interim pre-arrest bail.
- Whether the possibility of fabrication of an injury noted by a Medical Board makes a non-bailable offence a matter of further inquiry for bail purposes?
- Can pre-arrest bail be confirmed where the key non-bailable injury attributed to the accused is rendered doubtful by a Standing Medical Board?
- Does the finding of a Medical Board questioning the authenticity of an injury entitle the accused to grant of pre-arrest bail?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
Through this petition, the petitioner seeks pre-arrest bail in case FIR No. 704, dated 09.10.2019, registered under Sections 337- A(i),337-F(i),337-F(v),337-L(2)/148/149, PPC at Police Station Baseerpur , District Okara.
2. As per FIR, the petitioner has caused injuries on right hand of Ahmed Ali, complainant and left arm of Ashiq Hussain, PW .
3. The injury on right hand of the complainant has been found as jurh-ghayr -jaifah-damihah , hence punishable under Section 337- F(i), PPC, which offence is bailable in nature. The first medical examiner had declared the injury of Ashiq Hussain PW jurh-ghayr -jaifah-hashimah and as such punishable under Section 337-F(v), PPC. The petitioner had questioned the above said injury of Ashiq Hussain PW before a Medical Board, which had carried on the due proceeding and then framed the following opinion: "The District Standing Medical Board is of the opinion that the possibility of fabrication regarding injury No. 1 cannot be ruled out."
4. The above mentioned opinion of the Medical Board had made applicability of Section 337-F(v), PPC, as of further inquiry and probe, making the petitioner entitled to the relief claimed for, as possibility of his false involvement to achieve some ulterior motive could not be ruled out.
5. Resultantly , the petition in hand is allowed and ad-interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 1,00,000/- (Rupees one lac only), with one surety , in the like amount to the satisfaction of the learned trial Court.