Muhammad Arif and another vs State etc
This matter concerns a petition for pre-arrest bail filed by the petitioners accused in FIR No. 128/2019 for offenses under Sections 337-F(v), 337-L(2), 148, and 149 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioners, armed with clubs, assaulted the injured, causing fractures. The core legal question was whether the petitioners were entitled to the extraordinary concession of pre-arrest bail. The Court held that the petitioners failed to demonstrate that the FIR was tainted by mala fide or that they had a strong case on merits. Furthermore, the Court observed that the recovery of the weapons (clubs) was still pending, and granting pre-arrest bail would likely hamper the investigation process. Relying on the principle established by the Supreme Court of Pakistan, the Court emphasized that pre-arrest bail should not be granted where it might impede the recovery of incriminating articles necessary to connect the accused with the crime. Consequently, the petition for pre-arrest bail was dismissed.
- Does the failure to recover incriminating weapons justify the refusal of pre-arrest bail?
- Is a petitioner required to prove mala fide to obtain pre-arrest bail?
- What is the scope of the court's assessment of evidence at the pre-arrest bail stage?
- 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
- Section 161, Code of Criminal Procedure 1898
ORDER
This is an application for bail before arrest on behalf of petitioners in case FIR No. 128 dated 26.9.2019, under Sections 337- F(v), 337-L(2), 148, 149, PPC registered with Police Station Dal W aryam, District Pakpattan.
2. Precisely stated, the case of prosecution as it spells out from crime report is to the effect that on 18.09.2019 at about 7/8 a.m., Ali Asghar was present in his shop; that suddenly , the petitioners emerged on the scene while armed with clubs, etc. and entered into the shop and started beating Ali Asghar; that upon noticing the hue and cry of Ali Asghar , Ejaz Ahmad (complainant) along with Tariq and Zahoor attracted to the spot; that Muhammad Arif (petitioner) inflicted a club blow on the right arm of Ali Asghar , which led to a fracture; that Babar (petitioner) also inflicted a club blow on the right hand of Ali Asghar causing a corresponding fracture; that thereafter Ali Sher (co- accused) gave a club blow on the left thigh of injured and also snatched an amount of Rs. 5,000/- and a mobile phone from him; that thereafter Anwar and Rustam (co-accused) also arrived at the scene and dragged Ali Asghar in the street and started beating him; that upon arrival of co-villagers the assailan ts left the scene and decamped therefrom.
3. Arguments heard; record perused.
4. It evinces from record that the occurrence, which formed basis of the instant case took place on 18.09.2019 at about 7/8 a.m. during which Ali Asghar (injured) received multiple blunt traumas on his person. The burden of this crime was pointed towards petitioners and three others. To be precise, Petitioner No. 1 is ascribed the role of inflicting club blow on the right arm of Ali Asghar , whereas, Petitioner No. 2 is burdened with the accusation of inflicting a club blow on the right hand of injured.
5. In the wake of allegations mentioned above, it is observed that Ali Asghar was medically examined on the very night of occurrence during which doctor observed six injures on his person. It is important to mention here that injuries, which are ascribed to the petitioners were found having corresponding fractures and as a necessary consequence offence under Section 337-F(v), PPC was applied. At bail stage, the Courts are not required to dive deep into the merits of the case and instead have to make a tentative assessme nt. The material on the basis of which such an assessment is to be made comprises upon FIR, statements of witnesses recorded under Section 161, Cr.P.C., the medical evidence and. other material collected during investigati on. The material so collected in the instant case, prima facie , indicates the involvement of petitioners in the commission of crime. Keeping in view the fact that petitioners are seeking extra-ordinary concession of pre-arrest bail, it is observed that recovery of clubs are yet to be effected by the police and in such case grant of bail is likely to hamper the process of investigation. The Hon'ble Supreme Court of Pakistan in a case reported as Sarwar Sultan vs. The State and another (PLD 1994 SC 133 ) held as under: "Grant of pre-arrest bail means that accused is exempted from joining the investigation and by not joining the investigation, prosecution case may suffer for want of recovery of incriminating articles and other material, which may be necessary to connect him with commission of alleged crime."
6. It is also important to mention here that relief of pre-arrest bail is meant to be exercised in a case, the registration of which is tainted with mala fide. In addition, the Court is also required to see that whether the petitioner is successful in making out a case for bail on merits or not. In the instant case, nothing as such is pleaded by the petitioners from which it may insinuate that their implication is motivated with some ulterior design. Resultantly , the instant petition, merit no acceptance, hence is dismissed .