MUHAMMAD RAFIQUE Versus THE STATE
This matter concerns a petition for post-arrest bail filed by the accused, Muhammad Rafique, who was charged under sections 337-A(iii), 337-A(i), 337-L(ii), 148, and 149 of the Pakistan Penal Code 1860, following an alleged assault involving a dispute over land partition. The core legal question was whether the accused was entitled to bail despite being named in the F.I.R. for causing a fracture to the complainant's nasal bone, a charge falling under the prohibitory clause of section 497, Code of Criminal Procedure 1898. The Court held that the accused was entitled to bail, noting that a prior F.I.R. registered against the complainant's party regarding the abduction of the accused's sister suggested a motive for false implication. The Court determined that the possibility of false involvement necessitated further inquiry into the guilt of the accused. Consequently, the Court applied the principle that where there are reasonable grounds for further inquiry, the case falls under the scope of section 497(2), Code of Criminal Procedure 1898, warranting the grant of bail to a previous non-convict who has been incarcerated for several months.
- Does the existence of a prior criminal case between the parties regarding the abduction of the accused's sister constitute grounds for further inquiry into the accused's guilt in a subsequent assault case?
- When does a case fall under the mischief of subsection (2) of section 497 of the Code of Criminal Procedure 1898?
- Can bail be granted to an accused charged with an offense falling under the prohibitory clause of section 497(1) of the Code of Criminal Procedure 1898 if there is a possibility of false implication?
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Muhammad Rafique petitioner through the instant petition seeks post-arrest bail in case F.I.R. No.173 dated 4-6-2002, registered under section 337-A(iii)/337-A(i)/337-L(ii)/148/149, P.P.C., at Police Station City Shujabad, District Multan.
2. Briefly the prosecution case as per F.I.R. is that on 31-5-2002 at about 12-00 noon Muhammad Rafique (petitioner), Khadim Hussain, Bashir Ahmed, Muhammad Iqbal, Riaz, Hafiz Fayyaz and Nazar armed with Sotas in prosecution of the common object formed the unlawful assembly by them had given beating to Hafiz Muhammad Iqbal, the brother of the complainant. Muhammad Rafique has inflicted him Sota blow hitting on his nose. The motive behind the occurrence is dispute over the partition of land and an altercation had taken place between the injured Hafiz Muhammad Iqbal and Muhammad Bakhsh, another brother of the complainant. Hafiz Muhammad Iqbal is said to be the brother of wife of said Muhammad Bakhsh.
3. It has been contended on his behalf that he has falsely been involved in this case on account of previous enmity between the complainant and their side and the observation in this regard already exists in the order dated 17-12-2002 recorded by Mr. Muhammad Saghir Anwar, the learned Judicial Magistrate 1st Class, Shujabad and on that very score his case required further inquiry into his guilt; and that he is behind the bars for the last about four months and previous non convict.
4. Conversely; the learned State Counsel has opposed the petition on the ground that he is named in the F.I.R. that he has caused injury to Hafiz Muhammad Iqbal resulting into the fracture of his nasal bone, so his case is covered under the prohibitory clause of section 497(1), Cr.P.C.
5. I have carefully considered the submissions made by both sides with the help of available record.
6. No doubt the injury ascribed to him was on the nose of the injured Hafiz Muhammad Iqbal and the same subsequently was declared fracture of his nasal bone but the fact also remains that case F.I.R. No.175 of 2002 under section 11, Offence of Zina (Enforcement or Hudood) Ordinance (VII of 1979) was registered with Police Station City Shujabad on the statement of one Muhammad Ramzan against some persons of the complainant party of the instant case. It has been contended on his behalf that Mst. Ghulam Khudija' alias Arbab, the abductee in that case is his real sister. There is with the petition an attested copy of the order dated 17-12-2002 passed in his petition by the aforesaid learned Judicial Magistrate 1st Class, Shujabad. It has been mentioned therein that the said case was registered prior to the instant case. He has also observed therein that the possibility of false implication of some of the accused persons in the instant case cannot be ruled out. I am afraid that when this was the position then he was not justified in declining him the relief of bail. Such observation definitely had played in his case too as said above the' abductee in that case is his sister. So on that very score, I am of the considered view that his case required further inquiry into his guilt. And thus the mischief of subsection (2) of section 497, Cr.P.C. is amply attracted to his case.
7. He is behind the bars for the last about four months and stated to be a previous non-convict. The case, thus for his enlargement on bail has been made out. In these circumstances, I accept this petition and admit him to bail provided he furnishes bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./M-1878/L Bail granted