Muhammad Arif and another vs The State and another

ORDER

CH. ABDUL AZIZ, J.---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, P.P.C. registered with Police Station Dal Waryam, 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 assailants 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), P.P.C. 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 assessment. 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 investigation. 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 v. 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.