ASIF ALI and anothers vs THE STATE
The petitioners sought confirmation of their pre-arrest bail in respect of case F.I.R. No. 75 of 2002 registered at Police Station City Pakpattan Sharif for offences under sections 337-L(ii), 353, 506, 186, and 109 of the Pakistan Penal Code. The core legal question concerned the propriety of confirming pre-arrest bail where the petitioners were alleged to have dragged the complainant, inflicted injuries, and issued threats, but were empty-handed and had joined the ongoing investigation, and where most of the charged offences were bailable. The Lahore High Court held that since the petitioners were empty-handed, had joined the investigation, and the applicability of the second part of section 506 of the Pakistan Penal Code was a matter to be determined by the trial court after recording evidence, the ad-interim pre-arrest bail deserved confirmation. The court laid down the principle that pre-arrest bail may be confirmed when the accused have joined the investigation, the primary offences are bailable, and the applicability of non-bailable penal provisions requires evidentiary assessment by the trial court.
- Whether pre-arrest bail should be confirmed when the accused have joined the investigation and the majority of the charged offences are bailable?
- Can pre-arrest bail be confirmed where the applicability of a non-bailable provision depends on evidence to be evaluated by the trial court?
- What is the effect of the accused being empty-handed during the alleged commission of offences on a pre-arrest bail petition?
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 186, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 173, Code of Criminal Procedure 1898
ORDER
' Asif Ali and Syed Majid Ali Shah, petitioners, have sought confirmation of their pre-arrest bail granted to them vide order dated 29-5-2001, in case F.I.R. No,75 of 2002 registered at Police Station City Pakpattan Sharif, on 4-4-2002, for offences under sections 337-L(ii)/353/506/186 and 109, P.P.C.
2. According to the F.I.R. On 1-3-2001 the petitioners entered into the office of the complainant, dragged him out and inflicted injuries on his person. It is further stated that the petitioners extended threats that they would murder the complainant. The motive as given in the F.I.R. Was that the complainant had moved an application before the Multan and Bahawalpur Universities stating therein that the petitioners were involved in forgery and fabrication relating to the results.
3. I have heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the State as well as the complainant, who is present in Court. It has been noticed that the petitioners were empty-handed. Admittedly they have joining the investigation, which is unfortunately still in progress. All the offences except 506, P.P.C. Are bailable. Whether second part of section 506, P.P.C. Is applicable in the case would be decided by the trial Court after going through the evidence. In these circumstances, I confirm the ad-interim pre-arrest bail already granted to the petitioners vide order dated 29-5-2002, subject to their tendering, fresh bail bonds in the sum of Rupees fifty thousand each, with one surety each, in the like amount to the satisfaction of the trial Court.
4. The police officer, present in Court, has been directed to submit final report under section 173, Cr.P.C. Before the trial Court within a week. The complainant, who is present in Court, would be free to move application for cancellation of bail, in case the extraordinary concession of pre-arrest bail is misused in any manner by the petitioners.