Saqlain Abbas vs State etc
This petition was filed under Section 498 of the Code of Criminal Procedure 1898, seeking the confirmation of pre-arrest bail for the petitioner, Saqlain Abbas, in connection with FIR No. 138/21 registered at Police Station Thatah Sadiqabad, District Khanewal, for offenses under Sections 506(ii), 337-F(i), 337-L(ii), 109, 427, 379, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to pre-arrest bail given the nature of the allegations and the investigation findings. The Court observed that while the petitioner was named in the FIR, the role attributed to him was generalized. Furthermore, investigation revealed that co-accused initially alleged to be armed with firearms were found innocent, suggesting the prosecution's case was exaggerated. The Court held that the possibility of false implication with mala fide intent could not be ruled out, rendering the petitioner's arrest unnecessary. Consequently, the petition was allowed, and the ad interim pre-arrest bail was confirmed, establishing that where allegations are generalized and investigation casts doubt on the prosecution's narrative, pre-arrest bail is warranted to prevent misuse of the criminal process.
- Whether pre-arrest bail can be granted when the role attributed to the accused in the FIR is generalized?
- Does the finding of innocence of co-accused during investigation provide grounds for confirming pre-arrest bail for other accused?
- Can pre-arrest bail be granted if the court finds the prosecution's case appears exaggerated and motivated by mala fide intent?
- Section 498, Code of Criminal Procedure 1898
- Section 506(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
Through this petition in terms of Section 498, Cr.P.C., petitioner Saglain Abbas has sought the premium of pre-arrest bail in case FIR No. 138/21 dated 19.05.2021, in respect of offence under Sections 506(ii), 337-F(i), 337-L(ii), 109, 427, 379, 148 & 149, PPC, registered at Police Station, Thatah Sadiqabad Distrcit Khanewal.
2. Precisely, the allegation against the petitioner is that 18.05.2021 at about 08:15 a.m., he alongwith his twelve nominated and five unknown accused, launched an assault upon the complainant, caused injuries at different parts of his body and also intimidated him. Hence, this case was registered.
3. I have heard learned counsel for the petitioner, learned Deputy Prosecutor General appearing for the State assisted by learned counsel for the complainant and perused the record.
The petitioner is though named in the crime report yet with general role of beating the complainant by inflicting hunter blows to him. During investigation co-accused Akram and Mohsin, who were alleged to have intimidating the complainant with pistols, have been found to be not involved in this occurrence. The allegation of committing theft of cash and press-card of the complainant and damaging his car, is also generalized in nature against all the two dozen accused persons. Prime facie, it appears that the matter has been exaggerated by showing that two of the accused persons were armed with fire-arm weapons at the time of alleged occurrence. With this backdrop, possibility for false implication of the petitioner in this case with mala fide intention and ulterior motives for knitting the net wide, cannot be ruled out and, thus, insistence of the investigating agency upon arrest of the petitioner appears to be unnecessary and smacking of bad faith.
In view of what has been discussed above, this petition is allowed and the concession of ad interim pre-arrest bail already granted to the petitioner stands confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 100,000/- (one lac) with one surety in the like amount to the satisfaction of the trial Court.