PLJ 2023 Cr.C. (Note) 126
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
GHULAM ABBAS and 2 others--Petitioners
versus
STATE and another--Respondents
Crl. Misc. No. 6568-B & 6909-B of 2022, decided on 16.11.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 324, 302, 148 & 149--Cross-version--Pre-arrest bail--confirmation of--Petitioner no.2 is nominated with specific allegation of causing various iron rod blows on belly of injured--No injury on the belly of said injured exists--Civil dispute between the parties also exists--Their false implication in this case due to civil dispute while throwing a wider net by the complainant cannot be ruled out--Pre-arrest bail is confirmed. [Para 5] A, B & C
2022 SCMR 1424; 2021 SCMR 130 ref.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Mala fide---Mala fide being a state of mind cannot always be proved through direct evidence and it was often to be inferred from the facts and circumstances of the case. [Para 5] D
PLD 2021 SC 708 ref.
Mr. Muhammad Ubaid Ullah Bhatti, Advocate with Petitioners (in Crl. Misc. No. 6568-B of 2022).
Ch. Shakir Ali, Advocate for Petitioners (in Crl. Misc. No. 6909-B of 2022).
Mr. Tanvir Haider, ADPP for State.
Khawaja Qaisar Butt, Advocate for Complainant.
Date of hearing: 16.11.2022.
Order
This single shall dispose of both the titled petitions as same are the subject-matter of one and same FIR.
2. Petitioners seek pre-arrest bail in cross-version under Sections 302, 324, 148, 149, PPC recorded on 09.5.2022 in case FIR No. 659/2022 dated 04.05.2022 Police Station Muzaffarabad District Multan.
3. Learned counsel representing the petitioners in Criminal Miscellaneous No. 6909-B of 2022 intends to withdraw this petition to the extent of Petitioner No. 1 namely Sarfraz Hussain, therefore, this petition to his extent is dismissed as withdrawn and ad-interim pre-arrest bail granting order dated 12.10.2022 to his extent is recalled.
4. Arguments to the extent of rest of the petitioners heard. Record perused.
5. Petitioner No. 2 namely Sajjad Hussain in Criminal Miscellaneous No. 6909-B of 2022 though is nominated with specific allegation of causing the various iron rod blows on belly of injured Imam Bakhsh, however, no injury on the belly of said Imam Bakhsh exists. Petitioner is nephew of complainant Mst. Sakina Mai. Civil dispute between the parties also exists. In such circumstances, apparently, mala fide on the part of complainant to falsely involve petitioner namely Sajjad Hussain in this case due to such civil dispute cannot be ruled out. So far as the case of petitioners Ghulam Abbas, Muhammad Amjad and Muhammad Qaswar in Criminal Miscellaneous No. 6568-B of 2022 is concerned, they are not nominated and later involved through supplementary statement of the complainant, wherein, she alleged that in addition to nominated accused of cross-version namely Ashiq Muhammad, Muhammad Ilyas etc, present petitioners (Amjad, Qaswar and Ghulam Abbas) have also inflicted repeated danda blows on different parts of body of her son Muhammad Akram but specific role was not given to them. Ghulam Abbas is real brother of Mst. Sakina Mai, whereas, Muhammad Amjad and Muhammad Qaswar sons of Ghulam Abbas are her nephews. Admittedly, civil dispute between the parties is exists. Apparently, their false implication in this case due to civil dispute while throwing a wider net by the complainant cannot be ruled out which is apparent from the record. Hon’ble Supreme Court of Pakistan in a case reported as “Shahzada Qaiser Arfat alias Qaiser versus The State and another” (PLD 2021 Supreme Court 708) has held that mala fide being a state of mind cannot always be proved through direct evidence, and it was often to be inferred from the facts and circumstances of the case. Further reliance is placed in the case reported as “Javed Iqbal versus The State through Prosecutor General of Punjab and another” (2022 SCMR 1424), wherein while granting pre-arrest bail the Hon’ble Supreme Court with reference to “Meeran Bux v. The State and another” (PLD 1989 SC 347) has held that “a five member bench has broadened the scope of pre-arrest bail and held that while granting extraordinary relief of pre-arrest, merits of the case can be touched upon” and another case reported, as “Khair Muhammad and another versus The State through P.G. Punjab and another” (2021 SCMR 130) wherein, similar view has been taken.
6. In the light of above circumstances, Criminal Miscellaneous No. 6909-B of 2022 to the extent of Petitioner No. 2 namely Sajjad Hussain and Criminal Miscellaneous No. 6568-B of 2022 of petitioners namely (Ghulam Abbas, Muhammad Amjid and Muhammad Qaswar are allowed and interim pre-arrest bail already granted to them is confirmed subject to furnishing fresh bail bond in the sum of Rs. 1,00,000/-(one lac) each with one surety each in the like amount to the satisfaction of learned trial Courts.
(K.Q.B.) Bail confirmed
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