Imran Ali vs State etc
This criminal petition concerns an application for pre-arrest bail in a case involving allegations under Sections 354, 337 F(i), 148, 149, and 452 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to pre-arrest bail given the circumstances of the FIR. The Court observed significant discrepancies in the prosecution's case, noting that the medical evidence (an abrasion on the knee) contradicted the allegations of severe torture and the use of a weapon. Furthermore, the Court highlighted an unexplained six-day delay in reporting the incident and noted the existence of family disputes between the parties, which suggested the possibility of false implication. The Court held that the petitioner's case warranted further inquiry into his guilt, rendering his arrest unnecessary and unjustified. Consequently, the Court confirmed the ad-interim pre-arrest bail, emphasizing that the culpability of the accused under the non-bailable section remained a matter for the trial court to determine, while the other alleged offences were bailable and non-cognizable.
- Does a significant discrepancy between medical evidence and the prosecution's narrative regarding the nature of injuries justify the grant of pre-arrest bail?
- Can an unexplained delay in the registration of an FIR be a ground for considering the possibility of false implication in a bail application?
- Is pre-arrest bail appropriate when the case against the accused requires further inquiry into his guilt?
- Section 354, Pakistan Penal Code 1860
- Section 337 F(i), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
ORDER
Through this petition, petitioner has sought pre-arrest bail in case F.I.R No. 738/21, dated 13.12.2021, under Sections 354, 337 F(i), 148, 149 & 452, PPC, registered at police station Dera Rahim, District Sahiwal.
2, Heard. Perused.
3. As per crime report, three nominated accused including petitioner and two unknown accused subjected wife of the complainant and his children to torture, dragged the lady on the floor and caused her injuries with fists and hunter but perusal of the medico-legal examination certificate of the sole injured of this case transpires that she sustained only an abrasion on her right knee which prima facie, not only reflects adverse to the prosecution story narrated in the crime report but also negates use of 'Toka', the petitioner at the relevant time was allegedly equipped with. The occurrence in this case took place on 07.12.2021 but the matter was reported not earlier to 13.12.2021. The crime report does not carry any explanation for this delay . Both the parties are closely related to each other as Rukhsana Bibi real sister of the petitioner is daughter in law of the complainant while Sadia Bibi daughter of the complainant is wife of the petitioner's brother . The argument furnished by the learned counsel for the petitioner to the effect that on the day of occurrence, nephew of the petitione r and son of Sadia, a minor of three months passed away in view of which credibility of the allegation against the petitioner is yet to be seen by the learned trial Court. In this view of the matter , culpability of the petitioner for an offence under Section 452, PPC is' yet to be seen by the learned trial Court. Remaining offences against him .are bailable and non-cognizable in nature. These facts even otherwise, make the case of the petitioner one of further inquiry into his guilt in view of which possibility of his false implication also cannot be ruled out. In these circumstances, sending the petitioner behind the bars is neither likely to serve any useful purpose nor seems justified. Hence, this petition is accepted and ad-interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.