--Pre-arrest bail, dismissal of--Petitioner is nominated in cross version case with specific role of causing hoer (kassi) blow on left hand of the deceased resulted into fracture on his left wrist-

 PLJ 2023 Cr.C. (Note) 132
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
MUHAMMAD ILYAS--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 6917-B of 2022, decided on 30.11.2022.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 324, 302, 148 & 149--Pre-arrest bail, dismissal of--Petitioner is nominated in cross version case with specific role of causing hoer (kassi) blow on left hand of the deceased resulted into fracture on his left wrist--He inflicted other blow of hoer upon injured who tried to stop it with his right hand--Sufficient material is available on record to tag the petitioner with criminal liability--He is not entitled to the extra ordinary relief of pre-arrest bail--Petition is without any merit--stands dismissed.   [Para 4] A & B

2020 SCMR 249 ref.

Petitioner in person.

Mr. Tanvir Haider, ADPP for State.

Khawaja Qaiser Butt, Advocate for Complainant.

Date of hearing: 30.11.2022.

Order

There is a written request for adjournment on behalf of learned counsel for the petitioner. Same was the position on last of hearing. It appears that petitioner is using delaying tactics just to linger on this petition. This is pre-arrest bail pending since October, 2022; therefore, it cannot be adjourned further.

2. Petitioner seeks pre-arrest bail in cross-version under Section 302, 324, 148, 149, PPC recorded on 09.05.2022 in case FIR No. 659/2022 dated 04.05.2022 Police Station Muzaffarabad District Multan.

3. Arguments heard. Record perused.

4. Petitioner is nominated in cross-version case with specific role of causing hoer (KASSI) blow on left hand of Muhammad Akram deceased resulted into fracture on his left wrist, whereas, he inflicted other blow of hoer upon Imam Bakhsh who tried to stop it with his right hand, which resulted into an injury to his right arm. Medioc-legal certificates of the injured are in line with the ocular account. At present, sufficient material is available on record to tag the petitioner with criminal liability. Apparently, no mala fide on the part of the complainant has been established to falsely implicate the petitioner in this case; therefore, he is not entitled to fell the extraordinary relief of pre-arrest bail as claimed for. Reliance is placed in case reported as “Gulshan Ali Solangi and others versus The State through P.G Sindh”, (2020 SCMR 249), wherein it has been held that:

“Grant of pre-arrest bail is a remedy rooted into equity; at a cost to hamper the investigation, this judicial protection is extended, solely to save the innocent from the horrors of abuse of process of law with a view to protect his dignity and honour. It cannot be granted in every run of the mill criminal case, particularly to the accused confronting prima facie charges structured upon material/evidence warranting custody, that too, on the basis of positions/pleas, verification whereof, in consequent upon recording of evidence”

5. In view of above discussion, the petition in hand is without any merit, therefore, same stands dismissed. Ad-interim pre-arrest bail already granted to the petitioner is hereby recall.

(K.Q.B.)          Bail dismissed