MUHAMMAD FAROOQ KHAN Versus PROVINCE OF SINDH Muhammad Zafar
This matter concerns a petition for pre-arrest bail filed by the petitioner, who sought relief against criminal proceedings initiated against him in Larkana, Sindh. The petitioner contended that the First Information Report (F.I.R.) lodged at Police Station Waleed, District Larkana, was motivated by ulterior motives to harass and humiliate him, given that he was simultaneously attending trial proceedings in Karachi regarding a separate property dispute involving the same complainant's associate. The core legal question was whether the petitioner had established a prima facie case of mala fide intent and manipulation in the registration of the F.I.R. to warrant the grant of pre-arrest bail. The Court held that the petitioner successfully demonstrated that the criminal proceedings were likely manipulated for ulterior motives. Consequently, the Court granted the concession of pre-arrest bail. The key principle laid down is that where an accused establishes a prima facie case that criminal proceedings have been initiated with ulterior motives or mala fide intent to harass, the Court may exercise its discretion to grant pre-arrest bail, notwithstanding the nature of the offences alleged.
- Can pre-arrest bail be granted when there is a prima facie showing that an F.I.R. was lodged with ulterior motives?
- Does the existence of a pending trial in one jurisdiction regarding a property dispute support a claim of mala fide in a subsequent criminal case filed in another jurisdiction?
- Section 406, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 506-B, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. Learned counsel for the petitioner contends that there appears a civil dispute over a property between the petitioner and the respondent No.5 who is an Estate Agent. The respondent No.5 has lodged F.I.R. No.203 of 2007 at Police Station Shahra-e-Faisal, Shah Faisal Town, Karachi under sections 406/420/506-B/34, P.P.C. The applicant has obtained bail and is regularly attending the trial Court.
2. It seems that the matter is sub judice before the learned IVth Judicial Magistrate Karachi (East) titled as The State v. Muhammad Farooq Khan and others. Whereas the respondent No.4, a friend of respondent No.5 has proceeded to lodge F.I.R. No.53 of 2007 at Police Station Waleed, District Larkana, Sindh. It is primarily contended that on the day of alleged incident the petitioner was available at Karachi as he had been attending the proceedings of case in the Court of Judicial Magistrate Karachi (East), therefore, criminal proceedings at Larkana has been motivated in order to harass and humiliate the petitioner.
3. Mr. Abdul Jabbar Lakho, the learned Assistant Advocate General has opposed the bail application on the ground that the applicant is involved in commission of crime which falls within the ambit of non-bailable offences and is not entitled to the relief claimed.
4. We have heard the learned counsel for the applicant and the learned A.A.-G, as well as perused the record available before us. The question of alibi would be considered by the trial Court, however, the sections mentioned in the first F.I.R. are bailable in nature except section 506-B of Pakistan Penal Code. In any view of the matter the petitioner has succeeded in making out a case prima facie that First Information Report has been manipulated with ulterior motives.
5. In view of the above, the petitioner is entitled to the concession of pre-arrest bail per terms contained in pre-arrest bail order referred supra.
6. H.B.T./M-19/K Bail granted.