Muhammad Jahanzaib and others vs The State and others
This is a criminal petition filed by Muhammad Jahanzaib and Haleem Ahmad seeking pre-arrest bail in a case arising out of FIR registered under sections 324, 337-F(v), 337-D, 336, 148, and 149 of the Pakistan Penal Code 1860. The core legal questions involve whether suppression of firearm injuries sustained by an accused in the FIR constitutes mala fide on the part of the prosecution, and whether the petitioners are entitled to pre-arrest bail on grounds of further inquiry and rule of consistency. The Lahore High Court held that the unexplained delay in lodging the FIR, suppression of the injuries sustained by one of the petitioners, and the grant of bail to a similarly situated co-accused justified confirming the pre-arrest bail. The court laid down the principle that suppression of material facts such as cross-injuries by the prosecution prima facie establishes mala fide, bringing the case within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure 1898.
- Does suppression of firearm injuries sustained by an accused in the first information report constitute mala fide on the part of the prosecution?
- Whether the rule of consistency applies when a co-accused with similar allegations has already been granted pre-arrest bail?
- Can unexplainable delay in lodging the FIR coupled with suppression of material facts bring a case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Section 324, Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-D, Pakistan Penal Code 1860
- Section 336, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
FAROOQ HAIDER, J.---Through instant petition, Muhammad Jahanzaib and Haleem Ahmad (petitioners) have sought pre-arrest bail in case arising out of FIR No.727/2019 dated 08.09.2019, registered under sections 324/337-F(v)337-D/336/148/149, P.P.C., at Police Station Dijkot District Faisalabad.
2. After hearing learned counsel for the parties, learned Deputy Prosecutor General and going through record with their able assistance, it has been noticed that occurrence took place on 03.09.2019 at 7:00 p.m.; however this case was registered on 08.09.2019 at 2:45 p.m.; Muhammad Jahanzaib petitioner No.1 has allegedly raised joint "Lalkara" along with other co-accused persons and made aerial firing; Haleem Ahmad petitioner No.2 has also allegedly made aerial firing; petitioner No.2 statedly also received fire arm injuries during the occurrence; he was medically examined on 03.09.2019 at 8:30 p.m., his Medico Legal Certificate was received by the police constable and said fact is mentioned in attested copy of his Medico Legal Certificate (appended with this petition as Annexure-D at page No.19); occurrence took place on 03.09.2019 as mentioned above and First Information Report was lodged on 08.09.2019 i.e. with the delay of five days but neither fire arm injuries received by Haleem Ahmad petitioner No.2 have been got mentioned in the First Information Report by the complainant nor police has mentioned the same in "Karwai Police" in the First Information Report; therefore, fire arm injuries received by Haleem Ahmad petitioner No.2 during the occurrence have been suppressed by the prosecution; this fact prima facie constitutes mala fide on part of the prosecution. Learned Deputy Prosecutor General has apprised that on the application of Aftab Murtaza, cross version has been got registered regarding fire arms injuries received by Haleem Ahmad (mentioned above) under Sections 324/337-F(v)/337- F(iii)/148/149, P.P.C. and said cross version is still intact. It goes without saying that Muhammad Tanzaib co- accused of present petitioners, who according to FIR was also equipped with repeater gun and same allegation (i.e. making joint "Lalkara" and ineffective firing in the occurrence) was levelled against him, has already been allowed pre-arrest bail in the case by this Court vide order dated 29.11.2019 passed in Crl. Misc. No.71090-B of 2019. Learned counsel for the complainant has stated at bar that said order is still holding field and has not been challenged before august Supreme Court of Pakistan.
3. In view of above discussion, on the one hand, case of the present petitioners needs further probe within meaning of section 497(2), Cr.P.C. and on the other hand, mala fide qn the part of prosecution cannot outrightly be ruled out.
4. In view of what has been discussed above, instant petition is allowed and ad-interim pre-arrest bail already granted to Muhammad Jahanzaib and Haleem Ahmad petitioners, in the case is confirmed subject to their furnishing fresh bail bonds in the sum of Rs.100,000/- each with one surety each in the like amount to the satisfaction of learned Trial Court within fifteen days from today. However, it goes without saying that the observations made hereinabove are tentative in nature and strictly confined to the disposal of this bail petition.