PLJ 2020 Cr.C. (Lahore) 1699
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 324 & 34--Bail before arrest, confirmed--Murderous attack--Lalkara--No specific injury was attributed to accused--Mala fide--Main allegation of causing firearm injury on person of injured is attributed to petitioner--Main allegation of causing fire-arm injury on person of injured is confined to extent of co-accused of petitioner whose bail has been dismissed as withdrawn, today--No useful purpose would be served by sending petitioner behind bars because nothing is to be recovered from him--Liberty of a person is a precious right which has been guaranteed by Constitution of Islamic Republic of Pakistan, 1973--Mala fide on part of complainant for false implication of Petitioner No. 1 cannot be ruled out--Therefore, this petition is allowed and ad-interim pre-arrest bail already allowed to said petitioner is hereby confirmed. [Pp. 1700] A & C
Mala fide--
----Scope of--Principle--It is a settled principle of law that Court can even look into and evaluate mala fide from facts and circumstances of case, which apparently oozing in this case from facts and circumstances discussed above. [P. 1700] B
Mr. Nasir Mehboob Tiwana, Advocate along with Petitioners.
Mr. Ahmed Saeed, Deputy Prosecutor General for State.
Mr. Waqas Javed, Advocate for Complainant.
Date of hearing: 2.10.2020.
PLJ 2020 Cr.C. (Lahore) 1699
Present: Shehram Sarwar Ch., J.
MUHAMMAD SHAHAB KHAN etc.--Petitioners
versus
STATE and another--Respondents
Crl. Misc. No. 35210-B of 2020, decided on 2.10.2020.
Order
Muhammad Shahab Khan and Bilal Siraz Khan, petitioners seek pre-arrest bail in case FIR No. 313 dated 12.6.2020, offence under Sections 324 and 34, PPC, registered at Police Station Sadar Bhakkar District Bhakkar.
2. Precisely the prosecution story, as set out in the FIR, is that the petitioners along with their co-accused launched murderous attack upon Muhammad Uzair brother of the complainant and caused him injuries.
3. Learned counsel for the petitioners after arguments wishes to withdraw this petition to the extent of Bilal Siraz Khan, Petitioner No. 2. The same is, therefore, dismissed as having been withdrawn to his extent.
4. Heard. Record perused.
5. Precisely, the allegation against the petitioner is that he raised lalkara to teach lesson to Muhammad Uzair, injured for not having friendship with him. No injury on the person of Muhammad Uzair, injured is attributed to the petitioner. The main allegation of causing fire-arm injury on the person of injured is confined to the extent of Bilal Siraz Khan, co-accused of the petitioner whose bail has been dismissed as withdrawn, today. No useful purpose would be served by sending the petitioner behind the bars because nothing is to be recovered from him. Liberty of a person is a precious right which has been guaranteed by the Constitution of Islamic Republic of Pakistan, 1973. It is a settled principle of law that the Court can even look into and evaluate the mala fide from the facts and circumstances of the case, which apparently oozing in this case from the facts and circumstances discussed above. In this regard, reliance is placed on the case laws reported as “Ajmal Khan vs. Liaqat Hayat and another” (PLD 1998 SC 97) and “Syed Muhammad Firdaus and others vs. The State” (2005 SCMR 784).
6. For what has been observed above, mala fide on the part of the complainant for false implication of Muhammad Shahab Khan, Petitioner No. 1 cannot be ruled out. Therefore, this petition is allowed and ad-interim pre-arrest bail already allowed to the said petitioner is hereby confirmed subject to his furnishing fresh bail bond in the sum of Rs. 1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of learned trial Court.
7. Before parting with this order, it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition, which shall not influence the learned trial Court in any manner whatsoever.
(S.A.B.) Bail confirmed
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