-Pre-arrest bail, grant of---Possibility for false implication of the petitioner in this case with malafide intention and ulterior motives for knitting the net wide, cannot be ruled out--

 PLJ 2022 Cr.C. 894

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

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 379/506(ii)/337-L(ii)/ 337-F(i)/427/148/149--Pre-arrest bail, grant of--General role--Confirmation of--The petitioner is though named in the crime report yet with general role of beating the complainant by inflicting hunter blows to him--The allegation of committing theft of each and press-card of the complainant and damaging his car, is also generalized inn nature against all the two dozen accused persons--Possibility for false implication of the petitioner in this case with malafide intention and ulterior motives for knitting the net wide, cannot be ruled out--This petition is allowed and the concession of ad interim pre-arrest bail already granted to the petitioner stands confirmed.      [P. 895] A, B, C & D

Ch. Muhammad Imran, Advocate alongwith Petitioner.

Ch. Iftikhar Ahmad Warriach, Advocate for Complainant.

Mr. Ashfaq Ahmad Malik, Deputy Prosecutor General for State.

Date of hearing 9.11.2021.

 PLJ 2022 Cr.C. 894
[Lahore High Court, Multan Bench]
Present: Asjad Javaid Ghural, J.
SAQLAIN ABBAS--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 7193-B of 2021, decided on 9.11.2021.

Order

Through this petition in terms of Section 498, Cr.P.C., petitioner Saqlain Abbas has sought the premium of pre-arrest bail in case FIR No. 138/21 dated 19.05.2021, in respect of offence under Sections 506(ii), 337-F(i), 337-L(ii), 109, 427, 379, 148 & 149, PPC, registered at Police Station, Thatah Sadiqabad Distrcit Khanewal.

2. Precisely, the allegation against the petitioner is that 18.05.2021 at about 08:15 a.m., he alongwith his twelve nominated and five unknown accused, launched an assault upon the complainant, caused injuries at different parts of his body and also intimidated him. Hence, this case was registered.

3. I have heard learned counsel for the petitioner, learned Deputy Prosecutor General appearing for the State assisted by learned counsel for the complainant and perused the record.

The petitioner is though named in the crime report yet with general role of beating the complainant by inflicting hunter blows to him. During investigation co-accused Akram and Mohsin, who were alleged to have intimidating the complainant with pistols, have been found to be not involved in this occurrence. The allegation of committing theft of cash and press-card of the complainant and damaging his car, is also generalized in nature against all the two dozen accused persons. Prime facie, it appears that the matter has been exaggerated by showing that two of the accused persons were armed with fire-arm weapons at the time of alleged occurrence. With this backdrop, possibility for false implication of the petitioner in this case with mala fide intention and ulterior motives for knitting the net wide, cannot be ruled out and, thus, insistence of the investigating agency upon arrest of the petitioner appears to be unnecessary and smacking of bad faith.

In view of what has been discussed above, this petition is allowed and the concession of ad interim pre-arrest bail already granted to the petitioner stands confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 100,000/- (one lac) with one surety in the like amount to the satisfaction of the trial Court.

(K.Q.B.)          Bail Confirmed