PLJ 2022 Cr.C. 583
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 354, 337-F(i), 148, 149 & 452--Bail before arrest, confirmed--Sole injured--Credibility of allegation is yet to be seen by trial Court--Culpability of petitioner for an offence u/S. 452, PPC is yet to be seen by trial Court--Remaining offences against him are bailable and non-cognizable in nature--These facts even otherwise, make case of petitioner one of further inquiry into his guilt in view of which possibility of his false implication also cannot be ruled out--In these circumstances, sending petitioner behind bars is neither likely to serve any useful purpose nor seems justified--Petition is accepted and ad-interim pre-arrest bail already granted to petitioner is confirmed. [P. 584] A
Mr. Faisal Bashir Chaudhary, Advocate for Petitioner.
Mehar Muhammad Ashraf Sial, Advocate for Complainant.
Syed Nadeem Haider Rizvi, Deputy District Public Prosecutor for State.
Date of hearing: 17.1.2022.
PLJ 2022 Cr.C. 583
[Lahore High Court, Multan Bench]
Present: Syed Shahbaz Ali Rizvi, J.
IMRAN ALI--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 1-B of 2022, decided on 17.1.2022.
Order
Through this petition, petitioner has sought pre-arrest bail in case F.I.R No. 738/21, dated 13.12.2021, under Sections 354, 337 F(i), 148, 149 & 452, PPC, registered at police station Dera Rahim, District Sahiwal.
2. Heard. Perused.
3. As per crime report, three nominated accused including petitioner and two unknown accused subjected wife of the complainant and his children to torture, dragged the lady on the floor and caused her injuries with fists and hunter but perusal of the medico-legal examination certificate of the sole injured of this case transpires that she sustained only an abrasion on her right knee which prima facie, not only reflects adverse to the prosecution story narrated in the crime report but also negates use of 'Toka', the petitioner at the relevant time was allegedly equipped with. The occurrence in this case took place on 07.12.2021 but the matter was reported not earlier to 13.12.2021. The crime report does not carry any explanation for this delay. Both the parties are closely related to each other as Rukhsana Bibi real sister of the petitioner is daughter in law of the complainant while Sadia Bibi daughter of the complainant is wife of the petitioner's brother. The argument furnished by the learned counsel for the petitioner to the effect that on the day of occurrence, nephew of the petitioner and son of Sadia, a minor of three months passed away in view of which credibility of the allegation against the petitioner is yet to be seen by the learned trial Court. In this view of the matter, culpability of the petitioner for an offence under Section 452, PPC is yet to be seen by the learned trial Court. Remaining offences against him are bailable and non-cognizable in nature. These facts even otherwise, make the case of the petitioner one of further inquiry into his guilt in view of which possibility of his false implication also cannot be ruled out. In these circumstances, sending the petitioner behind the bars is neither likely to serve any useful purpose nor seems justified. Hence, this petition is accepted and ad-interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.
(R.A.) Bail confirmed
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