PLJ 2023 Cr.C. (Note) 52
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 447, 511, 148, 149 & 436--Pre-arrest bail, grant of--Allegation of--Criminal tresspass--Armed with fire-arm weapons, tried to forcibly irrigate land and set heaps of “Turri” of fire--There is a delay of about eight days in reporting matter to police without there being any satisfactory explanation--Prima facie, provisions of Section 436, PPC are not attracted against petitioners because in FIR there is no allegation of mischief by fire with intent to destroy house, etc--The rest offences alleged against petitioners are bailable in nature--The petitioners are not involved in any other case of such like nature--No useful purpose would be served by sending petitioners behind bars--Under circumstances, malafide on part of police for false implication of petitioners cannot be ruled out--Held: Liberty of a person is a precious right which has been guaranteed by Constitution of Islamic Republic of Pakistan, 1973--Further held: It is a settled principle of law that Court can even look into and evaluate malafide from facts and circumstances of case, which apparently oozing in this case from facts and circumstances--Bail allowed. [Para 4 & 5] A & B
Ch. Attique Intisar, Advocate along with Petitioners.
Mr. Muhammad Ahmad Saeed, DPG for State.
Mr. Falak Sher Bakhsh Gill, Advocate for Complainant.
Date of hearing: 14.9.2022.
PLJ 2023 Cr.C. (Note) 52
[Lahore High Court, Lahore]
Present: Shehram Sarwar Ch., J.
ABDUL SATTAR and others--Petitioners
versus
STATE and another--Respondents
Crl. Misc. No. 44738-B of 2022, decided on 14.9.2022.
Order
Abdul Sattar, Pervaiz Akhtar and Babar Ali, petitioners seek pre-arrest bail in case FIR No. 674 dated 01.06.2022, offence under Sections 447, 511, 148 and 149, PPC (later on offence under Section 436, PPC was added), registered at Police Station Thikriwala District Faisalabad.
2. Precisely, the allegation against the petitioners is that they along with unknown accused while armed with firearm weapons committed criminal trespass into the agricultural land of the complainant, tried to forcibly irrigate the land and set the heaps of “Turri” of fire.
3. Heard. Record perused.
4. There is a delay of about eight days in reporting the matter to the police without there being any satisfactory explanation. Prima facie, the provisions of Section 436, PPC are not attracted against the petitioners because in the FIR there is no allegation of mischief by fire with intent to destroy the house, etc. The rest offences alleged against the petitioners are bailable in nature. The petitioners are not involved in any other case of such like nature. No useful purpose would be served by sending the petitioners behind the bars. Under the circumstances, malafide on the part of police for false implication of the petitioners cannot be ruled out.
5. Liberty of a person is a precious right which has been guaranteed by the Constitution of Islamic Republic of Pakistan, 1973. It is a settled principle of law that the Court can even look into and evaluate the malafide from the facts and circumstances of the case, which apparently oozing in this case from the facts and circumstances discussed above.
6. For what has been observed above, this petition is allowed and ad-interim pre-arrest bail already allowed to the petitioners is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 1,00,000/- (rupees one lakh only) each with one surety each in the like amount to the satisfaction of learned trial Court. Before parting with this order, it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition, which shall not influence the learned trial Court in any manner whatsoever.
(A.A.K.) Bail allowed
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