--Pre-arrest, bail dismissal of-Statements of PWs u/S. 161, Cr.P.C. are in line with prosecution version--Pre-arrest bail is an extraordinary relief, which can be extended to innocent persons, who are entangled in criminal cases on basis of motivated prosecution but this element is certainly missing in instant case and petitioner has also failed to identify same--

 PLJ 2023 Cr.C. (Note) 144
[Lahore High Court, Lahore]
Present: Muhammad Waheed Khan, J.
WAQAR ALI alias WAQAR--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 61630-B of 2022, decided on 2.11.2022.

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

----S. 498--Pre-arrest, bail dismissal of--Pakistan Penal Code, (XLV of 1860), Ss. 337-F(ii), 324, 109 & 34--Allegation of--Petitioner and co-accused allegedly assaulted on brother of complainant--Injured was medically examined on same day and his Medico Legal Certificate squarely verified contention of prosecution qua attribution of injury to present petitioner, which was declared as Ghayr Jaifhfi Badiah” which attracts provision of Section 337-F(iii), P.P.C--Even otherwise, petitioner was found fully involved in alleged crime and recovery is yet be affected from him--Statements of PWs u/S. 161, Cr.P.C. are in line with prosecution version--Pre-arrest bail is an extraordinary relief, which can be extended to innocent persons, who are entangled in criminal cases on basis of motivated prosecution but this element is certainly missing in instant case and petitioner has also failed to identify same--Under circumstances, petitioner is not eligible for relief prayed for, hence, this petition being devoid of any merits is hereby dismissed.

                                                                                             [Para 3] A

Mrs. Naila Mushtaq Ahmed Dhoon, Advocate for Petitioner.

Ms. Noshee Malik, Deputy Prosecutor General for State.

Mian Muhammad Irfan, Advocate for Complainant.

Date of hearing: 2.11.2022.

Order

Apprehending arrest at the hands of local police, petitioner, Waqar Ali alias Waqar, seeks-pre arrest bail in case FIR No. 437 dated 16.07.2022, registered u/S. 337-F(ii)/324/109/34, PPC at Police Station Kotli, Pasrur, District Sialkot.

2.  The petitioner alongwith co-accused persons allegedly assaulted on the brother of complainant on 16.07.2022 at about 01:00 p.m, and thereby, injured him. hence, this case.

3. After having dilated upon the facts, in the light of arguments advanced by learned counsel for the parties and learned Law Officer, it transpires that petitioner is nominated in the F.I.R with specific role of causing razor (استرا) blow on the neck of Muhammad Usman, injured. Said injured was medically examined on the same day and his Medico Legal Certificate squarely verified the contention of the prosecution qua the attribution of injury to the present petitioner, which was declared as Ghayr Jaifah Badiah” which attracts the provision of Section 337-F(iii), P.P.C. Even otherwise, petitioner was found fully involved in the alleged crime and recovery is yet be affected from him. Statements of PWs u/S. 161, Cr.P.C. are in line with the prosecution version. Pre-arrest bail is an extraordinary relief, which can be extended to the innocent persons, who are entangled in criminal cases on the basis of motivated prosecution but this element is certainly missing in the instant case and the petitioner has also failed to identify the same. Under the circumstances, petitioner is not eligible for the relief prayed for, hence, this petition being devoid of any merits is hereby dismissed and ad-interim pre-arrest bail already granted to petitioner by this Court vide order dated 06.10.2022 is hereby recalled.

(A.A.K.)          Bail dismissed