PLJ 2023 Cr.C. (Note) 146
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
versus
STATE etc.--Respondents
Crl. Misc. No. 4308-B of 2022, decided on 4.10.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 337-F(v) & 34--Pre-arrest bail--Grant of--Injury was caused with ‘Mukka”--Infact occurrence stated in FIR and doctor observed duration of injuries as 01 to 02 days which create serious doubt about prosecution story--An opinion of police that present petitioner has not caused any injury rather he was found present at spot empty handed and further a touch of malafide is reflected from fact that one of witnesses has resiled from his statement that he has not witnessed occurrence and in this respect has tendered his affidavit during investigation--Apparently, malafide on part of complainant to falsely implicate petitioner in case in hand, just to throw net wider, cannot be ruled out--Malafide being a state of mind cannot always be proved through direct evidence, and it was often to be inferred from facts and circumstances of case--That while deciding pre-arrest bail application merits of case can be touched upon--In circumstances, apparently petitioner has made out case for pre-arrest bail--Bail allowed. [Para 3] A, B & C
PLD 2021 SC 708, 2021 SCMR 130 and 2022 SCMR 1424 ref.
Mr. Nadeem Ahmad Tarar, Advocate with Petitioner.
Mr. Ashfaq Ahmad Malik, D.P.G. for State.
Mr. Khawar Siddique Sahi, Advocate for Complainant.
Date of hearing: 4.10.2022.
Order
Through this petition, petitioner Munir has sought bail before arrest in case FIR No. 145 dated 13.05.2022 registered under Sections 337-F(v) & 34, PPC at Police Station Okanwala Bangla, District Sahiwal.
2. Heard. Record perused.
3. Learned counsel for the petitioner has pointed out that the petitioner though was under the charge of causing fracture of left arm of the complainant with sota but when she appeared before the medico-legal examiner she stated that injury was caused with ‘Mukka” and it was an occurrence of 03.05.2022. Infact occurrence stated in the FIR as of 04.05.2022 and doctor observed duration of injuries as 01 to 02 days which create serious doubt about the prosecution story. Further development in the case resulted in an opinion of the police that the present petitioner has not caused any injury rather he was found present at the spot empty handed and further a touch of mala fide is reflected from the fact that one of the witnesses Mazhar has resiled from his statement that he has not witnessed the occurrence and in this respect has tendered his affidavit during investigation. Apparently, mala fide on the part of the complainant to falsely implicate the petitioner in the case in hand, just to throw the net wider, cannot be ruled out. Hon’ble Supreme Court of Pakistan in the case law reported as “Shahzada Qaiser Arfat alias Qaiser vs. 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. It has been further held by Hon’ble Supreme Court of Pakistan in the cases reported as “Khair Muhammad and another vs. the State through P.G. Punjab and another” (2021 SCMR 130) and “Javed Iqbal versus The State through Prosecutor General of Punjab and another” (2022 SCMR 1424) that while deciding pre-arrest bail application merits of the case can be touched upon. In the circumstances, apparently the petitioner has made out the case for pre-arrest bail.
4. In view of the above, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioner is hereby confirmed, subject to his furnishing fresh bail bonds in the sum of Rs. 100,000/-with one surety in the like amount to the satisfaction of the trial Court.
(A.A.K.) Bail allowed
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