PLJ 2023 Cr.C. (Note) 104
[Lahore High Court, Lahore]
Present: Farooq Haider, J.
MUHAMMAD MANSHA--Petitioner
versus
STATE, etc.--Respondents
Crl. Misc. No. 34926-B of 2022, decided on 17.10.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), S. 365-B--Pre-arrest bail, dismissal of--Allegation of--Abduction of a minor girl--In investigation found involved in occurrence--Sufficient material is available on record to connect petitioner with commission of alleged offence--No specific mala fide, malice or ulterior motive could be referred against complainant or Investigating Officer by learned counsel for petitioner--Held: It is by now well settled that in absence of mala fide intention on part of prosecution, pre-arrest bail cannot be granted--Similarly, on basis of pleas structured upon bald denial/parallel stories, pre-arrest bail cannot be allowed--No case for grant of pre-arrest bail to petitioner is made out--Bail dismissed. [Para 2] A & B
2019 SCMR 1129, 2020 SCMR 249, 2020 SCMR 168
2020 SCMR 313.
Mr. Javed Iqbal Malik-I, Advocate for and with Petitioner (identified by his learned counsel).
Mr. Haroon Rasheed, Deputy District Public Prosecutor for State with Nasir Sial Senior Superintendent of Police (Operation), Riazwan Tariq Superintendent of Police (Civil Lines), Raza Awan Deputy Superintendent of Police, Ejaz Ahmad S.H.O./Investigating Officer and Ansar Mehmood S.I. with record.
Mr. Andaz Jillani Khan, Advocates for Respondent No. 2 Complainant of case.
Date of hearing 17.10.2022.
Order
Through instant petition, Muhammad Mansha (petitioner/ accused) has sought pre-arrest bail in case arising out of F.I.R. No. 1090/2020 dated 18.08.2020 registered under Section 365-B, PPC at Police Station Saddar Gujranwala, District Gujranwala.
2. After hearing learned counsel for the parties, learned Deputy District public Prosecutor and going through the available record with their able assistance, it has been noticed that Muhammad Boota (complainant) got registered instant case regarding abduction of his minor daughter namely Muskan Bibi statedly aged about 12/13 years against unknown accused persons.
On Court’s query, learned Deputy District Public Prosecutor under instructions of aforementioned Senior Superintendent of Police (Operation) and after himself going through the record apprises that petitioner was roped in the case vide supplementary statement got recorded by the complainant on 23.08.2020 and in the last round of investigation conducted by Deputy Superintendent of Police/SDPO, Circle Satellite Town, Gujranwala, he was found involved in the occurrence; further adds that Muskan Bibi (alleged abductee) is yet to be recovered. Therefore, sufficient material is available on the record to connect the petitioner with the commission of alleged offence. No specific mala fide, malice or ulterior motive could be referred against the complainant or Investigating Officer by learned counsel for the petitioner. It is by now well settled that in absence of the mala fide intention on part of prosecution, pre-arrest bail cannot be granted. Similarly, on the basis of pleas structured upon bald denial/parallel stories, pre-arrest bail cannot be allowed, 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 petitioner is made out.
3. In view of the above, instant petition being devoid of any force is dismissed and ad-interim pre-arrest bail already granted to the petitioner in the case by this Court vide order dated 07.06.2022, 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.
4. Needless to add that City Police Officer, Gujranwala will do every possible effort for recovery of Muskan Bibi (alleged abductee of the case) while leaving no stone unturned and submit fortnightly report in this regard through Deputy Registrar (Judicial) of this Court till her recovery.
(A.A.K.) Bail dismissed
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