Ss. 302/34--Pre-arrest bail--dismissal of--Petitioners are duly named in the crime report, who inflicted kicks/fists, as well as, sota blows to deceased lady and while putting rope in her neck, dragged her, which resulted into her death--

 PLJ 2022 Cr.C. 644

Criminal Procedure Code, 1898 (V of 1898)--

----Ss. 498 & 498-A--Pakistan Penal Code, (XLV of 1860), Ss. 302/34--Pre-arrest bail--dismissal of--Petitioners are duly named in the crime report, who inflicted kicks/fists, as well as, sota blows to deceased lady and while putting rope in her neck, dragged her, which resulted into her death--While making their statements recorded u/S. 161, Cr.P.C all the prosecution witnesses fully implicated the petitioners as culprits of the occurrence--Doctor, in categorical terms, mentioned that it is a case of homicide while possibility of suicide was altogether overruled--Prima facie there is no possibility of false implication of the petitioners in the instance, which needless to mention entails capital punishment--Pre-arrest bail dismissed.                 [P. 645] A, B & C

Sardar Abdul Ghafoor Khan Advocate for Petitioners.

Ms. Asmat Parveen, DDPP for State.

Khawaja Qaiser Butt, Advocate for Complainant.

Date of hearing 29.10.2021.

 PLJ 2022 Cr.C. 644
[Lahore High Court, Multan Bench]
Present: Ali Zia Bajwa, J.
SHABBIR AHMAD and 3 others--Petitioners
versus
STATE and another--Respondents
Crl. Misc. No. 4794-B of 2021, decided on 29.10.2021.

Order

Apprehending their arrest at the hands of police, Shabbir Ahmad, Mohammad Nadeem, Mohammad Naveed and Mst. Khurshid Bibi/petitioners seeks their pre-arrest bail in case FIR No. 275/2021, dated 16.03.2021, offence under Section 302/34, PPC, registered with Police Station Saddar Jalalpur Pirwala, Multan.

2. Succinctly accusation against the petitioners, as per contents of the FIR, is that on 16.03.2021, at 7:00 a.m. Mst. Naseem Bibi daughter of the complainant made a telephone call to him requesting to take her from the house of her in- laws and thereafter Naveed Ahmed informed that Naseem Bibi had died.

3. Arguments heard, record perused.

4. Record available on file reflects that the petitioners are duly named in the crime report, who as per prosecution accusations, inflicted kicks/fists, as well as, sota blows to Mst. Naseem Bibi and while putting rope in her neck, dragged her, which resulted into her death. While making their statements recorded under Section 161, Cr.P.C. all the prosecution witnesses fully implicated the petitioners as culprits of the occurrence. During the course of arguments learned counsel for the petitioners contended that it is a case of suicide, however, perusal of opinion given by the doctor after conducting postmortem examination reflects that the doctor, in categorical terms, mentioned that it is a case of homicide while possibility of suicide was altogether overruled. It has also come on record that Mst. Saba sister of the deceased is married with Tanveer Ahmed son of petitioners No. 1 and 4 and brother of petitioners No. 2 and 3, hence, prima facie there is no possibility of false implication of the petitioners in the instant case, which needless to mention entails capital punishment. It goes without saying that the scope of pre-arrest bail is limited to exceptional and rare cases and it can be granted only in those matters where it would appear that the registration of such cases was based on enmity/mala fides or where no offence was shown to have been committed on the very face of the record, which is squarely missing in the case in hand.

5. For the foregoing reasons this Court is persuaded to hold that the instant petition is squarely devoid of any merits, which is accordingly dismissed. Resultantly ad-interim relief granted vide order dated 07.07.2021 shall cease to exist forthwith.

(M.A.B.)         Bail dismissed