Hafeez Ullah and 3 others vs State and another
This matter arises from a criminal petition seeking pre-arrest bail in respect of FIR No. 626/19 registered under Sections 386, 447/511, 337-F(i), 148, and 149 of the Pakistan Penal Code 1860 at Police Station City Jalalpur Pirwala, District Multan. The core legal question concerns whether the petitioners have made out a case for the confirmation of pre-arrest bail, given disputed facts and allegations of extortion found doubtful during police investigation. The Lahore High Court held that the non-disclosure of true facts in the FIR, coupled with the doubtful nature of the extortion allegation and the failure of the injured parties to appear for medical re-examination at the relevant time, indicated mala fide on the part of the complainant party and called for further inquiry into the guilt of the petitioners. Consequently, the court allowed the petition and confirmed the ad-interim pre-arrest bail subject to the furnishing of fresh bail bonds.
- Whether non-disclosure of true facts in the FIR can be a ground for granting pre-arrest bail?
- Does failure of the injured party to appear before a medical board for re-examination indicate mala fide?
- When does a criminal case call for further inquiry under bail jurisprudence?
- Section 386, Pakistan Penal Code 1860
- Section 447, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. Through this petition, Hafeez-Ullah, Khalil, Salamat and Liaqat accused in case FIR No. 626/19, dated 25.09.2019 for the offences under Sections 386, 447/51 1, 337-F(i), 148, 149, PPC registered at Police Station City Jalalpur Pirwala District Multan seek pre-arrest bail.
2. Arguments heard and record perused.
3. FIR was registered on the complaint made by Riaz Hussain. As per FIR, petitioners duly armed alongwith co- accused 40-50 in number , forcibly entered into APV vehicle stand of which complainant was contractor . On complainant's refusal to pay an amount of Rs. 40,000/-, petitioners caused injuries on the person of complainant, and his nephews Muhammad Imran and Kamran. In investigation conducted by Deputy Superintendent of Police Regional Investigation Branch Multan, allegation of extortion was found doubtful. As per said report, both the parties were transporters but said fact was not disclosed in the FIR. Medicolegal reports of injured were challenged by petitioners/accused, whereupon re-examination of the injured was ordered but injured did not appear before District Standing Medical Board, due-to which they could not be re-examined, which fact is evident from copy of report of District Standing Medical Board dated 02.12.2019. During arguments learned counsel for complainant pointed out that the injured appeared before Medical Board on 12.02.2020 and now report is awaited.
4. In this regard, it is pointed out that injuries as declared in the Medicolegal reports of injured are not of the nature that the same could be re-examined with exactitude at this belated stage. Non-appearance of injured before District Standing Medical Board at relevant time, prima faci e indicates mala fide on the part of complainant party .
4. Above discussion shows that true facts of the case have not been disclosed in the FIR. Therefore, guilt of the petitioners needs further probe and their case calls for further inquiry . For the reasons recorded above, petition in hand is allowed and ad-interim pre-arrest bail already granted to petitioners is confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 1,00,000/-each with one surety each in the like amount to the satisfaction of trial Court.