Muhammad Shahbaz Versus State
This matter concerns a petition for pre-arrest bail filed by nineteen individuals accused in FIR No. 119/2024, registered at Police Station Saddar Shakkargarh, for offences including Sections 295, 452, 427, 337-A(i), 337-A(ii), 337-F(i), 337-L(2), 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to pre-arrest bail given the nature of the allegations and the evidence presented. The Court observed that most offences charged were bailable, and regarding the non-bailable offences, specifically Section 337-A(ii), the police file failed to specify which individual caused the injury to the complainant. Furthermore, the applicability of Section 452 remained a matter for trial. Finding that the petitioners had no prior criminal record and noting apparent mala fide in the complainant's allegations, the Court confirmed the ad-interim pre-arrest bail. The judgment reaffirms the principle that personal liberty is a precious constitutional right and that courts may evaluate the presence of mala fide from the facts and circumstances of a case to grant relief.
- Can a court grant pre-arrest bail when the police record fails to specify which accused caused a particular injury?
- Is the presence of mala fide a valid ground for the grant of pre-arrest bail?
- Does the evaluation of evidence in a bail petition constitute a final determination of guilt or innocence?
- Section 295, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Constitution of Islamic Republic of Pakistan, 1973
Order
Shehram Sarwar Ch., J .---Muhammad Shahbaz, Muhammad Riaz, Muhammad Waqas, Muhammad Sajid, Wasim Younus, Muhammad Saad, Bilal Iqbal, Muhammad Alam, Ali Hassan, Abdul Manan Rasheed, Mudassir Hussain, Jaffar Ali, Muhammad Imran, Muhammad Zohaib. Muhammad Shakeel, Muhammad Anwar, Ahmed Ali, Kaleem Ullah and Hammad Zeenat, petitioners seek pre-arrest bail in case FIR No.119 dated 20.03.2024, offence under Sections 295, 452, 427, 337-A (ii), 337-A (i), 337-F(i) and 337-L(2), 148 and 149 P.P.C, registered at Police Station Saddar Shakkargarh District Narowal.
2. Precisely the allegation against the petitioners is that they along with their co-accused while armed with their respective weapons entered into the Masjid Bilal Mohallah Rasool Pura Ghamtala, used derogatory remarks and caused injuries to the complainant party.
3. Heard. Record perused.
4. As apprised by learned Law Officer, all the offences except Sections 452 and 337-A (ii) P.P.C. are bailable. The injury declared under Section 337-A (ii) P.P.C. on the head of Ghulam Rasool, complainant, is jointly attributed to Muhammad Riaz, petitioner No.2 and Muhammad Waqas, petitioner No.3 and the police file is silent in that regard as to who caused the said injury on the head of complainant. The question whether the provisions of Section 452 P.P.C are attracted against the petitioners or not would be answered by the learned trial Court after recording of evidence. The petitioners are not involved in any other case of such like nature. No useful purpose would be served by sending the petitioners behind the bars. 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 v. Liaqat Hayat and another" (PLD 1998 SC 97) and "Syed Muhammad Firdaus and others v. The State" (2005 SCMR 784).
5. For what has been observed above, mala fide on the part of the complainant for false implication of the petitioners cannot be ruled out. Therefore, this petition is allowed and ad-interim pre-arrest bail already allowed to the petitioners is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs.1,00,000/- (rupees one lakh only) each with one surety each in the like amount to the satisfaction of learned trial court.
6. 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.
JK/M-39/L Bail confirmed.