Ss. 324, 148 & 149--Bail before arrest, grant of--Free fight between two groups--Complainant is a police official and if there was apprehension of law and order appropriate legal option could have been resorted to but no plausible explanation was offered either by officer present with record--

 PLJ 2023 Cr.C. (Note) 1

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

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 324, 148 & 149--Bail before arrest, grant of--Confirmed--Allegation of--Murderous assault--Free fight between two groups--Complainant is a police official and if there was apprehension of law and order appropriate legal option could have been resorted to but no plausible explanation was offered either by officer present with record--Petitioner has joined, investigation and nothing was recovered from him--No specific role has been attributed to them and even on basis of available material, their roles cannot be deciphered--It is difficult to prove element of mala fide by accused through positive/solid evidence/material and same is to be deduced and inferred from facts and circumstances of case--Petitioners succeeded to make out a case for confirmation of their ad-interim pre-arrest bail--Bail allowed.

                                                                                             [Para 3] A

Mr. M. Mushtaq Ahmed Dhoon, Advocate for Petitioners.

Rai Asif Mehmood, Deputy Prosecutor General for State.

Date of hearing: 14.4.2022.

 PLJ 2023 Cr.C. (Note) 1
[Lahore High Court, Lahore]
Present: Sardar Ahmed Naeem, J.
KALEEM ULLAH KHAN, etc.--Petitioners
versus
STATE, etc.--Respondents
Crl. Misc. No. 14496-B of 2022, decided on 14.4.2022.

Order

Petitioners seek pre-arrest bail in case F.I.R No. 67 dated 17.2.2022 under Sections 324, 148, 149 PPC registered at Police Station Saddar, Mianwali.

2. Allegation of murderous assault against two groups find mentioned in the crime report.

3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the occurrence took place on 17.2.2022. A free fight between two groups find mentioned in the crime report. Neither any crime empty was taken into possession nor secured from the crime scene nor any one sustained injury during the occurrence. The complainant is a police official and if there was apprehension of law and order appropriate legal option could have been resorted to but no plausible explanation was offered either by the officer present with record or the learned Deputy Prosecutor General. The petitioner has joined the investigation and nothing was recovered from him. No specific role has been attributed to them and even on the basis of available material, their roles cannot be deciphered. It is difficult to prove the element of mala fide by the accused through positive/solid evidence/material and the same is to be deduced and inferred from the facts and circumstances of the case. In the circumstances, the petitioners succeeded to make out a case for confirmation of their ad-interim pre-arrest bail.

4. For the foregoing reasons, the application is allowed and the ad interim pre-arrest bail earlier granted to the petitioners is confirmed subject to their furnishing fresh bail bonds in the sum of
Rs. 1,00,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court/Duty Judge.

(A.A.K.)          Bail allowed