DR. ZAHID HUSSAIN Versus THE STATE
ORDER
This is an application under Section 498 Cr.P. Code for bail before arrest. A case has been registered against the applicant under Sections 307/504/323 P.C. Code with the Cantonment Police Station, Hyderabad, under First Information Report No.43 of 1987.
2. The hearing was adjourned twice to enable the learned Additional Advocate‑General to obtain Police papers. However, on 18‑5‑1987, the learned Additional Advocate‑General, still requested for time to obtain Police papers but stated no objection, if interim bail was granted. Accordingly, the interim bail was granted to the applicant.
3. Today the application has come up for hearing. I have heard Mr. Osman Ghani Rashid, Advocate for the applicant, Mr. A.A. Mohammadally, Additional Advocate‑General for the State and Mr. Aftab Ahmad Akhund Advocate for the injured Muhammad Iqbal.
4. The First Information Report was lodged by Dr. Mansoor Ahmad, the complainant, stating therein that he resides in Hyderabad and is a doctor by profession and his brother Muhammad Iqbal also lives with his family in the same house and in the lower portion of the house his brother‑in‑law Dr. Zahid Hussain and his sister Mst. Atia Khanum are living. It is further stated therein that on 23‑3‑1987, the complainant went to his clinic as usual and at about 1.15 P.M. his Bhabi Zeenatun Nisa came and told him that Zahid Hussain had injured Muhammad Iqbal with revolver and he was admitted in Civil Hospital. On receiving the information the complainant alongwith his dispenser Muhammad Shamim and Mst. Zeenatun Nisa went to Civil Hospital and found his brother Muhammad Iqbal lying in injured condition and unconscious in operation theatre of orthopaedic ward. He remained busy in his medical treatment. Next day when Muhammad Iqbal became conscious he told him that at about 8‑45 p.m. when he was in bed Zahid Hussain entered his room and started abusing him on the pretext that he (Muhammad Iqbal) had abused Atia Khanum. He told him that it was not so then the accused gave him beatings with kicks and fists and at last fired with revolver three shots. One shot hit him at his left shoulder at the lower part and he fell down in the room. He tried to catch hold of the accused but he ran away. The injured's wife brought him to Civil Hospital in injured condition where he remained unconscious during the night.
5. Mr. Osman Ghani Rashid submitted that according to the medical report one bullet injury caused is simple and the case falls under Section 324 P.P.C. which is a bailable offence. However, in my view, for grant of bail before arrest the relevant considerations are different as laid down by the Honourable Supreme Court in the case of Murad Khan v. Fazale Subhani P L D 1983 S C 82. These considerations are: (1) that arrest is being made for ulterior motive such as humiliation and unjustified harassment; (2) prosecution motivated by motive so as to cause irreparable injury to reputation and liberty; (3) motivation of Police on political considerations or ulterior reasons; (4) the accused was victim of departmental intrigues and jealousies and the intended arrest was to harass and ridicule him with ulterior motive to disgrace him through the process of being handcuffed.
6. In my opinion, none of the conditions on which pre‑arrest bail could be granted are available in this case. I may here also refer to the case of Zia‑ul‑Hasan v. The State P L D 1984 S C 192,1 wherein it was observed by their Lordships that "the Court has nod power to grant bail before arrest unless all the conditions laid down by the superior Courts from time to time are satisfied the most essential of them being that intended arrest would be tainted with mala fides which must be specifically stated". Although the applicant has stated in the application that there is bad blood between the parties and this case has been filed to harass the applicant in the eye of the public but according to the First Information Report the injured received, one bullet injury at left shoulder by shots fired from a revolver and he has been named in the First Information Report and I do not find any prima facie mala fides on the part of the complainant. There is no allegation of mala fides so far as police is concerned. It is correct that the doctor in the medical report has mentioned that injury is simple but the question whether the offence falls under section 324, P.P.C. would be a relevant consideration for the trial Court when the applicant applies for bail after arrest. Mr. Usman Ghani Rashid pointed out delay in the lodging of First Information Report but this again will be a relevant consideration for the trial Court. In any case delay has been explained in the First Information Report itself. Presently I do not find any of the conditions for grant of bail before arrest fulfilled in the case.
7. I, therefore, reject the application for grant of bail before arrest.
S.A./Z‑33/K Bail refused.