Imran Ashraf and 3 others vs State and another
This matter concerns a petition for pre-arrest bail filed by three individuals, Imran Ashraf, Muhammad Shafique, and Muhammad Ashraf, in connection with FIR No. 657 dated 01.12.2021, registered under Sections 420, 468, and 471 of the Pakistan Penal Code 1860 at Police Station City Mailsai, District Vehari. The prosecution alleged that the petitioners were involved in the preparation of a fraudulent agreement to sell (Iqrar Nama). The core legal question was whether the petitioners, as marginal witnesses and an alleged abettor, met the criteria for the confirmation of pre-arrest bail. Upon review, the Court observed that the marginal witnesses lacked the requisite mens rea and knowledge regarding the fraudulent nature of the document. Furthermore, the Court found no evidence to substantiate the allegation of abetment against the third petitioner. Consequently, the Court allowed the petition, confirming the interim pre-arrest bail previously granted to the three petitioners, subject to the furnishing of fresh bail bonds. The holding emphasizes that in the absence of prima facie evidence of criminal intent or specific participation in the alleged fraud, pre-arrest bail is maintainable.
- Can pre-arrest bail be confirmed for marginal witnesses to a document when there is no evidence of mens rea?
- Is pre-arrest bail maintainable against an allegation of abetment where no evidence is presented?
- Does the withdrawal of a bail application by one co-accused affect the merits of the application for remaining co-accused?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
At the very outset learned counsel for petitioners does not press this application to the extent of Muhammad Irfan who has desired to surrender before the Investigating Officer hence to that extent it is dismissed as having been withdrawn.
2. Imran Ashraf, Muhammad Shafique and Muhammad Ashraf (petitioners) have applied for their pre-arrest bail in case FIR No. 657 recorded on 01.12.2021 under Sections 420/468/471, PPC at Police Station City Mailsai District Vehari.
3. In brief the prosecution's story is that Muhammad Abbas reported to police that on his behalf as well as on behalf of ten others an Iqrar Nama/agreement to sell dated 16.09.2021 was managed in favour of Muhammad Irfan.
4. HEARD.
5. To the extent of Muhammad Irfan, application has already been withdrawn. Muhammad Ashraf and Muhammad Shafique are the marginal witnesses to this document therefore it cannot be stated at this stage that they were having mens-rea and the knowledge that Muhammad Irfan had managed preparation of fake agreement to sell. Similarly the allegation against Imran Ashraf is to the extent of abetment and there is no evidence in this context.
6. Resultantly, to the extent of Imran Ashraf, Muhammad Shafique and Muhammad Ashraf this application is allowed. Interim pre-arrest bail already granted to them is confirmed subject to their furnishing fresh bail bonds in sum of Rs. 50,000/- (fifty thousand) each with one surety each to the satisfaction of learned trial Court.