PLJ 2023 Cr.C. (Note) 57
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 337-F(v), 337-F(i), 337-A(i), 337-L(2), 148, 149 & 152--Bail before arrest, dismissal of--Accused and co-accused armed with pistol, stick, forcibly entered into house of complainant and caused injury--Allegation of causing injuries levelled against petitioners has been supported/confirmed by Medico-Legal Examination Certificates of injured persons--After herself going through available record apprises that offence u/S. 452, PPC has also been added in case; further apprises that both aforementioned injured persons have supported aforementioned allegation against petitioners through their statements recorded u/S. 161, Cr.P.C.; also adds that aforementioned allegation against petitioners has been established after thorough investigations--No specific mala fide, malice or ulterior motive could be pointed out established against complainant, injured persons or investigating officer by counsel for petitioners and in absence of same, pre-arrest bail cannot be granted. [Para 2] A, B & C
2019 SCMR 1129, 2020 SCMR 168, 2020 SCMR 249, 2020 SCMR 313, 2020 SC 293, 2020 SCMR 841 and 2020 SCMR 1160 ref.
Mr. Sajid Hussain Chaudhry, Advocate for Petitioners (petitioners have been identified by their learned counsel).
Ms. Nuzhat Bashir, Deputy Prosecutor General for State.
Rai Ashfaq Ahmad Kharal, Advocate for Respondent No. 2/Complainant of case.
Date of hearing: 26.9.2022.
PLJ 2023 Cr.C. (Note) 57
Present: Farooq Haider, J.
SHAHZAD AHMED and another--Petitioners
versus
STATE, etc.--Respondents
Crl. Misc. No. 43019-B of 2021, decided on 26.9.2022.
Order
Through instant petition, Shahzad Ahmad and Shahbaz Ahmad (petitioners/accused) have sought) pre-arrest bail in_case arising out of F.I.R. No. 658/2022 dated: 27.05.2022 registered under Sections 337-F(v) 337-F(i) 133 7-A(i), 337-L(2), 148, 149, PPC (during Investigation Offence under Section 452, PPC was added whereas offence under Section 337-F(v), PPC was altered into offence under Section 337-F(vi), PPC subsequently) at Police Station A-Division, District Sheikhupura.
2. After hearing learned counsel for the parties, learned Deputy Prosecutor General and going through the available record with their able assistance, it has been noticed that briefly, as per first information report, Shahzad Ahmad (Petitioner No. 1) armed
with pistol and Shahbaz Ahmad (Petitioner No. 2) armed with
stick(ڈنڈا) alongwith co-accused persons who were also armed with weapons forcibly entered into the house of the complainant; Shahzad Ahmad (Petitioner No. 1) caused injury with grip (مٹھ) of pistol at head of Ghulam Hussain (one of the injured) whereas Shahbaz Ahmad (Petitioner No. 2) caused injury with stick (ڈنڈا) at the middle finger of right hand of Muhammad Shahzad (one of the injured). Aforementioned allegation of causing injuries levelled against the petitioners has been supported/confirmed by the Medico-Legal Examination Certificates of Ghulam Hussain and Muhammad Shahzad (injured persons). Learned Deputy Prosecutor General under instructions of police official (present in Court) and after herself going through the available record apprises that offence under Section 452, PPC has also been added in the case; further apprises that both aforementioned injured persons have supported aforementioned allegation against the petitioners through their statements recorded under Section 161, Cr.P.C.; also adds that aforementioned allegation against the petitioners has been established after thorough investigations. In view of above, sufficient material is available on record to connect the petitioner with the commission of alleged offences. No specific mala fide, malice or ulterior motive could be pointed out/established against the complainant, Ghulam Hussain and Muhammad Shahzad (injured persons) or the Investigating Officer by learned counsel for the petitioners and in absence of same, pre-arrest bail cannot be granted in this regard, guidance has been sought from the case of “Rana Abdul Khaliq vs. The State and others” (2019 SCMR 1129). “Mir Muhammad and others vs. National Accountability Bureau through Chairman and others” (2020 SCMR 168) “Gulshan Ali Solangi and others vs. The State through P.G. Sindh” (2020 SCMR 249), “Abdul Aziz Memon versus The State” (2020 SCMR 313), “Ghulam Farooq Channa versus Special Judge ACE (Central-I) Karachi and another” (PLD 2020 Supreme Court 293), “Muhammad Islam versus The State through Advocate General Punjab, Lahore and others” (2020 SCMR 841) and “Saima Ashiq Javed versus State through Attorney General of Pakistan, Lahore and another” (2020 SCMR 1160). Therefore, no case for grant of pre-arrest bail to the petitioners is made out.
3. In view of what has been discussed above, instant petition being devoid of any force is dismissed and ad-interim pre-arrest bail already granted to the petitioners by this Court vide order dated: 04.07.2022, is hereby recalled. It is however, clarified that observations made herein are just tentative in nature and strictly confined to the disposal of this bail petition.
(A.A.K.) Bail dismissed
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