Muhammad Shahab Khan etc vs State and another
This matter comes before the Lahore High Court through a criminal miscellaneous petition seeking pre-arrest bail in respect of FIR No. 313 registered under Sections 324 and 34 of the Pakistan Penal Code 1860 at Police Station Sadar Bhakkar. The core legal question concerns whether the petitioner, who was attributed only a lalkara without any physical or firearm injury, is entitled to pre-arrest bail in the circumstances of the case. During the hearing, the petition was withdrawn as regards the second petitioner. Upon perusal of the record, the court held that no firearm injury was attributed to the first petitioner, no recovery was to be made from him, and mala fide in his implication by the complainant could not be ruled out, making his further incarceration purposeless. The court confirmed the pre-arrest bail of the first petitioner, affirming that personal liberty is a precious right guaranteed by the Constitution and that mala fide can be evaluated from the facts and circumstances of the case.
- Whether a petitioner attributed only a lalkara without causing physical injury is entitled to pre-arrest bail?
- Can the court evaluate mala fide from the facts and circumstances of a bail matter?
- Whether pre-arrest bail should be confirmed when no recovery is to be effected from the accused?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Article 9, Constitution of Islamic Republic of Pakistan, 1973
ORDER
Muhammad Shahab Khan and Bilal Siraz Khan, petitioners seek pre-arrest bail in case FIR No: 313 dated 12.6.2020, of fence under Sections 324 and 34, PPC, registered at Police Station Sadar Bhakkar District Bhakkar .
2. Precisely the prosecution story , as set out in the FIR, is that the petitioners along with their co-accused launched murderous attack upon Muhammad Uzair brother of the complainant and caused him injuries.
3. Learned counsel for the petitioners after arguments wishes to withdraw this petition to the extent of Bilal Siraz Khan, Petitioner No. 2. The same is, therefore, dismissed as having been withdrawn to his extent.
4. Heard. Record perused.
5. Precisely , the allegation against the petitioner is that he raised lalkara to teach lesson to Muhammad Uzair , injured for not having friendship with him. No injury on the person of Muhammad Uzair , injured is attributed to the petitioner . The main allegation of causing fire-arm injury on the person of injured is confined to the extent of Bilal Siraz Khan, co-accused of the petitioner whose bail has been dismissed as withdrawn, today . No useful purpose would be served by sending the petitioner behind the bars because nothing is to be recovered from him. Liberty of a person is a precious right which has been guaranteed by the Constitution of Islamic Republic of Pakistan, 1973. It is a settled principle of law that the Court can even look into and evaluate the mala fide from the facts and circumstances of the case, which apparently oozing in this case from the facts and circumstances discussed above. In this regard, reliance is placed on the case laws reported as "Ajmal Khan vs. Liaqat Hayat and another" (PLD 1998 SC 97 ) and " Syed Muhammad Firdaus and others vs. The State" (2005 SCMR 784 ).
6. For what has been observed above, mala fide on the part of the complainant for false implication of Muhammad Shahab Khan, Petitioner No. 1 cannot be ruled out. Therefore, this petition is allowed and ad-interim pre-arrest bail already allowed to the said petitioner is hereby confirmed subject to his furnishing fresh bail bond in the sum of Rs.
1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of learned trial Court.
7. Before parting with this order , it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition, which shall not influence the learned trial Court in any manner whatsoever .