MUHAMMAD SHAHBAZ KHAN AND 2 OTHERS vs The STATE
This petition for leave to appeal is directed against the order of the Lahore High Court whereby the petitioners were refused pre-arrest bail in a case registered under sections 307, 379, 148, and 149 of the Pakistan Penal Code. The allegations against the petitioners were that they made a murderous assault on the complainants, causing multiple firearm and blunt weapon injuries, and robbed a licensed revolver. The core legal question was whether the existence of a cross-case and rival versions of the incident rendered the matter one of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure, thereby entitling the accused to pre-arrest bail. The Supreme Court held that the petitioners were not entitled to pre-arrest bail as the case lacked prosecution mala fides and involved serious allegations of a concerted murderous assault with deadly weapons resulting in numerous injuries. The court laid down the principle that the mere existence of a cross-case does not automatically warrant the grant of pre-arrest bail where the accused are charged with serious overt acts involving deadly weapons and causing multiple injuries.
- Whether the existence of a cross-case between parties automatically entitles the accused to pre-arrest bail?
- Does a case fall within the ambit of further inquiry under section 497(2) of the Code of Criminal Procedure 1898 merely because there are rival versions of the prosecution?
- Are accused persons charged with a murderous assault and causing multiple injuries with deadly weapons entitled to pre-arrest bail?
- Section 307, Pakistan Penal Code
- Section 379, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 149, Pakistan Penal Code
- Section 497, Code of Criminal Procedure 1898
ORDER
1. NASIM HASAN SHAH, J.-This petition for leave to appeal is directed against the order of the Lahore High Court dated 25-6..1978 passed in Criminal Miscellaneous No. 2268/8 of 1978, whereby the petitioners were refused bail in a case registered against them under sections 307, 379, 148 and 149, P. P. C.
2. The allegations against the petitioners as disclosed in the F.I.R. Are that Muhammad Shahbaz Khan, Abdul Ghaffar Khan and Muhammad Sadiq petitioners, armed with revolver, hockey stick and sota respectively, along with Muhammad Tufail and Sarwar co-accused, armed with a dang and hockey stick respectively, made a murderous assault on Fazal Khan and Alam Khan. Fazal Khan received three injuries: two by fire-arms and one by blunt weapon, while Alam Khan received six blunt weapons injuries. The accused are also alleged to have taken the licensed revolver of Fazal Khan while decamping.
3. The petitioners' application for bail before arrest was rejected by the Additional Sessions Judge, Sialkot. They then moved the High Court (Criminal Miscellaneous No. 2268/8 of 1978) for pre-arrest bail. A learned Judge of that Court observed that it could not be said that a false case had been brought against the petitioners for ulterior motive, nor was it one of those cases where the prosecution had trumped up charges against the accused. He, accordingly, dismissed their application.
4. The contention of the counsel for the petitioners, in the main, is that since there are two versions of the prosecution, there being a cross-case registered by the petitioners against the complainant party, it is yet to be seen as to which party was the aggressor. Therefore, the case being one of further inquiry, falling within the ambit of subsection (2) of section 497, Cr. P. C., the petitioners are entitled to the concession of pre-arrest bail.
5. This is not at all a fit case for pre-arrest bail. The petitioners are not being arrested on account of the mala fides of the prosecution. They are accused of serious criminal offence in that, after arming themselves with deadly weapons they caused as many as nine injuries on the opposite-party. In these circumstances, no question for grant of pre-arrest bail arises. This petition is dismissed.
Cited by 3 cases
- SAKHAWAT ALI vs MAUD. MAHMOOD and 7 others 1994 PLD Lahore 377
- ABDUL SATTAR vs THE STATE and others 1989 P Cr. L J 77
- MOHIB RAZIQ vs SHAH MUHAMMAD AND Another 1983 SCMR 1130