2018 PCrLJN 154

Syed MUQADDAS SAJJAD BOKHARI Versus State

Citation2018 PCrLJN 154

CourtLahore High Court

Judge(s)Abdul Sami Khan

ORDER

ABDUL SAMI KHAN, J.--- Through this petition under section 498, Cr.P.C. the petitioner has sought bail before arrest in case FIR No.880/17, dated 08.11.2017, under sections 337-F(v), 337-A(i), 337-F(i), 34, P.P.C., Police Station City B-Division, Sheikhupura.

2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail before arrest and only tentative assessment is required at this stage. It has been noticed by this Court that the petitioner is named in FIR and the injury attributed to him therein has been declared by the doctor as ghayr jaifah-hashimah falling under section 337-F(v), P.P.C. which is a non-bailable offence. The statements of PWs under section 161, Cr.P.C. are available on record and the same are duly supported by the medico legal certificate of the complainant/injured namely Abdul Latif Shah, which prima facie connect the petitioner with this occurrence. During investigation, petitioner has been found involved in this case by the investigating officer and the recovery of weapon of offence is yet to be effected from him. In such a situation, the Hon'ble Supreme Court of Pakistan has been pleased to hold that grant of pre-arrest bail means that accused is exempted from joining the investigation and by not joining the investigation, prosecution case may suffer for want of recovery of incriminating articles and other material, which may be necessary to connect him with commission of alleged crime. Reliance is placed upon "Sarwar Sultan and others v. The State and another" (PLD 1994 SC 133). Apart from the above, the petitioner has also failed to point out any mala fide of the complainant or the local police for his false implication in the instant case, therefore, he does not deserve the extra ordinary concession of pre-arrest bail.

3. For what has been discussed above, this petition has got no force and the same is dismissed. The ad interim pre-arrest bail already granted to the petitioner vide order dated 10.01.2018 is recalled.

4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.

MQ/M-46/L Pre-arrest bail refused.