Asif Abbas and 2 others vs State and 2 others
This matter concerns a petition for pre-arrest bail filed by the petitioners, who are accused in FIR No. 312/2020 registered at Police Station Tattlay Aali, District Gujranwala, for offences including attempted murder and causing injuries. The core legal question was whether the petitioners were entitled to the extraordinary relief of pre-arrest bail given the allegations of specific firearm injuries attributed to them. The Court, upon reviewing the record, noted that the petitioners were nominated in the FIR, which involved a daylight occurrence, thereby ruling out mistaken identity. The prosecution's case was supported by statements recorded under Section 161, Code of Criminal Procedure 1898, and corroborated by medical evidence, establishing sufficient incriminating material on a tentative assessment. The Court held that pre-arrest bail is an extraordinary remedy intended to protect innocent individuals from harassment and false implication. Finding no evidence of malice behind the FIR and sufficient material against the petitioners, the Court dismissed the petition, reaffirming that pre-arrest bail is not a routine relief and requires a demonstration of mala fides or false implication.
- Is pre-arrest bail a routine relief available to an accused in a criminal case?
- What is the standard for granting pre-arrest bail when the accused is nominated in the FIR and supported by medical evidence?
- Does the absence of evidence of malice or false implication justify the dismissal of a pre-arrest bail petition?
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337(iii), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
ORDER
Through this application the Petitioners seek pre-arrest bail in case FIR No. 312/2020 dated 18-04-2020 registered at Police Station Tattlay Aali, District Gujranwala, for offences under Sections 337- F(i)/337(iii)/337-F(v), 324/148/109 PPC.
2. Briefly , the prosecution case is that on 18-04-2020 at about 08:00 a.m. the Petitioners and their co-accused launched murderous assault on the comp lainant party and attempted to occupy their land. As a result, two persons were injured.
3. Arguments heard. Record perused.
4. The Petitioners are nominated in the FIR. Inasmuch as it was a daylight occur rence. There is no possibility of mistaken identity . The allegation against Petitioner No. 1 (Asif Abbas) is that he shot at Waqas on his armpit which went through and through while Petitioner No. 2 (Zahid alias Moon) is accused of causing fire-arm injury on the knee joint of Waqas. Petitioner No. 3 (Umer Farooq) is alleged to have caused fire-arm injury on the left foot of Naveed. During investigation PWS Waqas and Naveed got their statements record ed under Section 161, Cr.P.C. in which they have fully supported the prosecution case. They are corroborated by medical evidence. On a tentative assessment there is suf ficient incriminating material against the Petitioners.
5. It is trite that pre-arrest bail is an extraordinary relief which is extended to protect innocent people from harassment and false implication. The Petitioners have not produced any material on record which could show that the FIR, against them is actuated with malice. This petition is no merit and is, therefore, dismissed.