PLJ 2021 Cr.C. 1388
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 302 & 34--Pre-arrest bail, dismissal of--Specific allegation nominated--Sprinkled oil/diesel on woman and set her on fire--Allegation levelled against petitioners through their statements recorded u/S. 161, Cr.P.C. by police; further apprises that aforementioned allegation levelled against petitioners has been duly established during investigation--Ocular account furnished by prosecution in FIR is supported by post-mortem report of deceased--Therefore, prima facie, there are reasonable grounds available on record to connect petitioners with commission of offence alleged against them, which falls in ambit of prohibition contained in Section 497, Cr.P.C--No specific mala fide, malice or ulterior motive against complainant or Investigating Officer could be referred/pointed out by counsel for petitioners and in absence of the) same, pre-arrest bail cannot be granted--Held: It is by now well settled that pre-arrest bail cannot be granted on basis of pleas structured upon bald denial and parallel stories—Petition was allowed. [P. 1389] A & B
PLD 1983 SC 82, 2020 SCMR 249, 2020 SCMR 313,
PLD 2020 SC 293 and 2020 SCMR 841.
Bail Before arrest--
----Female accused--Held: It is well settled that female/woman accused cannot claim pre-arrest bail on basis of gender [P. 1390] C
2020 SCMR 1160.
Mr. Falak Sher Watoo, Advocate alongwith Petitioner (in Crl. Misc. No. 8135-B of 2020) and Petitioner (in Crl. Misc. No. 8134-B of 2020). (both identified by their learned counsel).
Mr. Anar Yaseen, Deputy Prosecutor General for State.
Mr. Daoud Ahmed Wains, Advocate for Respondent No. 2/Complainant (in both petitions).
Date of hearing: 18.2.2021.
PLJ 2021 Cr.C. 1388
[Lahore High Court, Multan Bench]
Present: Farooq Haider, J.
JALAL AHMAD @ PAPI--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 8135-B of 2020, decided on 18.2.2021.
Order
This single consolidated order shall dispose be two petitions; first petition bearing Crl. Misc. No. 8135-B of 2020 filed by Jalal Ahmad @ Papi (petitioner/accused) and second petition bearing Crl. Misc. No. 8134-B of 2020 filed by Sajida Mai @ Saeedi (petitioner/ accused), for grant of pre-arrest bail as both the aforementioned petitions have been filed in the case arisen out of one and same F.I.R. No. 836/2020 dated 1.11.2020 registered in under Sections 302, 34, PPC at Police Station, City Jalalpur Pirwala District Multan.
Description: BDescription: A2. After hearing learned counsel for the petitioners, learned counsel for the complainant, learned Deputy Prosecutor General and going through the available record with their able assistance, it has been noticed that both the petitioners i.e. Jalal Ahmad @ Papi and Sajida Mai @ Saeedi are nominated in the FIR with the specific allegation that they sprinkled oil/diesel on Mst. Shamshad Mai and then set her on fire; she died during treatment in Burn Unit of Nishtar Hospital Multan. Learned Deputy Prosecutor General under instructions of police official, present in Court, and after himself going through the record apprises that witnesses (mentioned in the FIR) have supported the aforementioned allegation levelled against the petitioners through their statements recorded under Section 161, Cr.P.C. by the police; further apprises that aforementioned allegation levelled against the petitioners has been duly established during investigation. Ocular account furnished by the prosecution in the FIR is supported by the post-mortem report of the deceased. Therefore, prima facie, there are reasonable grounds available on record to connect the petitioners with the commission of offence alleged against them, which falls in the ambit of prohibition contained in Section 497, Cr.P.C. No specific mala fide, malice or ulterior motive against the complainant or Investigating Officer could be referred/pointed out by the learned counsel for the petitioners and in absence of the same, pre-arrest bail cannot be granted; in this regard, guidance has been sought from the case of “Murad Khan versus Fazal-e-Subhan and another” (PLD 1983 Supreme Court 82), “Mst Oudrat Bibi versus Muhammad Iqbal and another” (2003 SCMR 68) and “Rana Abdul Khaliq vs. the State and others” (2019 SCMR 1129). It is by now well settled that pre-arrest bail cannot be granted on the basis of pleas structured upon bald denial and parallel stories; in this regard guidance has been sought from the case of “Mir Muhammad and others vs. National Accountability Bureau through Chairman and others” (2020 SCMR 168), “Gulshan Ali Solangi and others vs. The State through P.G. Sindh (2020 SCMR 249), “Abdul Aziz Memon versus The State”
(2020 SCMR 313) “Ghulam Farooq Channa vs. Special Judge ACE
Description: C(Central-I) Karachi & another”(PLD 2020 Supreme Court 293) and “Muhammad Islam versus The State through. Advocate General Punjab, Lahore and others” (2020 SCMR 841). Though, Mst. Sajida Mai @ Saeedi (petitioner) is a female yet by now it is well settled that female/woman accused cannot claim pre-arrest bail on the basis of gender; in this regard guidance has been sought from the case of “Saima Ashiq Javed versus State through Attorney General of Pakistan, Lahore and another” (2020 SCMR 1160). Therefore, no case for grant of pre-arrest bail to the petitioners in the case is made out.
3. In view of what has been discussed above, both aforementioned petitions i.e. petition bearing Crl. Misc. No. 8135-B of 2020 filed by Jalal Ahmad @ Papi (petitioner/accused) and petition bearing Crl. Misc. No. 8134-B of 2020 filed by Sajida Mai @ Saeedi (petitioner/accused), for grant of pre-arrest bail in the case, being devoid of any force are dismissed. Ad-interim pre-arrest bail already granted to both the petitioners by this Court vide order dated: 22.12.2020, is hereby recalled. It is, however, clarified that observations made herein are just tentative in nature and strictly confined to the disposal of aforementioned bail petitions.
(A.A.K.) Petition allowed
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