There is no denial to this fact that it was the father of the petitioner Barkat Ali, who had firstly lodged FIR No. 990/2021 under Sections 337-A(iii)/337-F(i)/337-F(v)/337-L(ii)/148/149 PPC against the complainant of the cross-version namely Muhammad Aslam and his coaccused wherein he alleged that the said Muhammad Aslam and coaccused have severely beaten his two sons Rana Amir and Rana Nasir and caused several injuries on their bodies. The medico legal certificates available on record prima facie support the accusation. It was after six days of the incident that Muhammad Aslam lodged the cross-version wherein he nominated the present petitioner. It is the stance of the petitioner that in-fact the complainant party was the aggressor and they have just exercised their right of self-defence. In the cross-version, the complainant had ascribed the injury on his left arm below elbow to the coaccused Tahir Mehmood. However, during investigation, the stance of the complainant was found to be not true. Although, the said injury was attributed to the present petitioner but nonetheless, it raises serious question about the veracity of the complainant’s allegations. The opinion of the Investigating Officer regarding the overt act of the petitioner has to be evaluated after recording of evidence as an abundant caution. In this view of the matter, the possibility of false implication just to pressurize the petitioner’s side to gain ulterior motives cannot be ruled out. Otherwise, it has been held by this Court in various judgments that merits of the case can be touched upon while adjudicating extraordinary relief of pre-arrest bail. Reliance is placed on Miran Bux Vs. The State (PLD 1989 SC 347), Sajid Hussain @ Joji Vs. The State (PLD 2021 SC 898), Javed Iqbal Vs. The State (PLD 2022 SCMR 1424) & Muhammad Ijaz Vs. The State (2022 SCMR 1271). In these circumstances, it is the Trial Court who after recording of evidence would decide about the guilt or otherwise of the petitioner and until then he cannot be put behind the bars for an indefinite period. It is settled law that liberty of a person is a precious right, which has been guaranteed under the Constitution of Islamic Republic of Pakistan, 1973, and the same cannot be taken away merely on bald and vague allegations. It is a case of two versions and it is established principle of law that where there is a case of two versions narrated before the Court, it squarely falls within the ambit of Section 497(2) Cr.P.C.
Bail Before Arrest Crl.P.352-L/2022
Muhammad Umar Waqas Barkat Ali v. The State, etc
Mr. Justice Sayyed Mazahar Ali Akbar Naqvi
23-11-2022
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