--Pre-arrest bail--Confirmation of--Petitioner is concerned, he is under the charge of causing firearm injury on belly of injured--Doctor examined the injury, he observed lacerated would of 7x5 cm on left lateral side of abdomen-

 PLJ 2023 Cr.C. (Note) 143
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
WASEEM, etc.--Petitioners
versus
STATE etc.--Respondents
Crl. Misc. No. 6483-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, 337-C, 337-U, 337-F(iii), 337-A(i), 337-L-(ii), 337-F(i), 337-F-(iv), 148 & 149--Pre-arrest bail--Confirmation of--Petitioner is concerned, he is under the charge of causing firearm injury on belly of injured--Doctor examined the injury, he observed lacerated would of 7x5 cm on left lateral side of abdomen--An injury of size measuring 7x5 cm cannot be caused with firearm weapon--Petitioner also received injuries by the hands of opponent party during the occurrence--Civil dispute between the parties also exists malafide 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--This petition to the extent of Petitioner No. 02 is allowed and interim pre-arrest bail already granted to him is confirmed.

                                                                           [Para 4 & 5] A, B & C

PLD 2021 SC 708; 2022 SCMR 1424, 2021 SCMR 130 ref.

Khawaja Qaisar Butt, Advocate for Petitioners.

Mr. Tanvir Haider, ADPP for State.

Mr. Muhammad Imran Faiz Shah, Advocate for Complainant.

Date of hearing: 16.11.2022.

Order

Petitioners seek pre-arrest bail in case FIR No,659/2022 dated 04.05.2022 registered under Sections 324, 337-C, 337-U, 337-F(iii), 337-A(i), 337-L(2), 337-F(i), 337-F(iv) 148 and 149, PPC at Police Station Muzaffarabad District Multan.

2. Learned counsel for the petitioners intends to withdraw this petition to the extent of Petitioner No. 1 namely Waseem, therefore, this petition to his extent is dismissed as withdrawn and ad-interim pre-arrest bail granting order dated 28.9.2022’to his extent is recalled.

3. Arguments heard. Record perused.

4. As far as case of Petitioner No. 2 Imam Bakhsh is concerned, he is under the charge of causing fire-arm injury on belly of Zahoor Ahmad injured and when doctor examined the injury, he-observed lacerated would of 7 x 5cm on left lateral side of abdomen, 4cm away from umbilicus with gut loop outside of abdomen and declared it as falling under Section 337-D, PPC. Learned counsel for the petitioner states that occurrence was of 04.5.2022 and medico-legal certificate of the injured was issued on 29.8.2022 an injury of size measuring 7x5 cm cannot be caused with fire-arm weapon. There is force in the arguments of learned counsel for the petitioner. In such circumstances, case of petitioner Imam Bakhsh requires further inquiry into his guilt. As a  story of FIR, admittedly/petitioner also received injuries by the hands of opponent party during the occurrence. Civil dispute between the parties also exists. Apparently, mala fide on the part of complainant to falsely involve petitioner Imam Bakhsh due to civil dispute cannot be ruled out. 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.

5. In the light of above circumstances, this petition to the extent of Petitioner No. 2 Imam Bakhsh is allowed and interim pre-arrest bail already granted to him is confirmed subject to furnishing fresh bail bond in the sum of 1,00,000/-(one lac) with, one surety in the like amount to the satisfaction of learned trial Court.

(K.Q.B.)          Bail confirmed