-Pre-arrest bail---No injury was caused by the petitioner--Malafide and ulterior motive can not be ruled out--Ad-interim pre-arrest bail is confirmed.

 PLJ 2023 Cr.C. (Note) 268
[Lahore High Court, Multan Bench]
Present: Ali Zia Bajwa, J.
HASSAN DOGAR--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 3681-B of 2022, decided on 16.6.2002.

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

----S. 497--Pakistan Penal Code, (XLV of 1860), S. 324/34--Lalkara--Pre-arrest bail--Confirmation of--Petitioner has only been saddled with the liability of raising Lalkara to the brother of the complainant--Petitioner was empty handed--No injury was caused by the petitioner--Malafide and ulterior motive can not be ruled out--Ad-interim pre-arrest bail is confirmed.                                                                                      

                                                                       [Para 4, 5 & 6] A, B & C

Mr. Tariq Mehmood Dogar, Advocate with Petitioner.

Mr. Ansar Yaseen, Deputy Prosecutor General for State

Khawaja Qaisar Butt, Advocate for Complainant.

Date of hearing: 16.6.2022.

Order

Through this petition filed under Section 498, Cr.P.C., petitioner Hassan Dogar seeks his pre-arrest bail in case FIR No. 302/2022, dated 26.04.2022, registered under Sections 324 & 34, PPC, with Police Station Model Town, District Vehari.

2. As per contents of crime report, on 26.04.2022, at 02:30 p.m., the petitioner raised lalkara, whereupon his co-accused Muhammad Moeez Khanzada made a straight fire shot with his pistol on the brother of complainant namely Altaf Hussain, as a result thereof, he sustained grievous injury.

3. Arguments heard, record perused.

4. Bare perusal of the crime report reveals that the petitioner has only been saddled with the liability of raising lalkara to the brother of complainant At the time of occurrence, the petitioner was empty handed. No injury was caused by the petitioner on the person of injured. The injured received sole injury on his chest which has been attributed to the co-accused namely Muhammad Moeez Khanzada. The guilt of the petitioner would be determined by the learned trial Court during the trial.

5. In view of above circumstances, involvement of the petitioner in this case due to mala fide intention and ulterior motive on the part of the complainant cannot be ruled out. Nothing is to be recovered from the petitioner. No useful purpose would be served by sending the petitioner behind the bars. The purpose of grant of pre-arrest bail is to save an innocent person from the rigors of arrest and the humiliation to be caused by the police authorities.

6. For what has been discussed above, the instant bail petition is allowed and ad-interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing bail-bonds in the sum of Rs. 1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of learned trial Court.

7. Before parting with this order, it is observed that the findings arrived at by this Court are tentative in nature and shall not have any impact upon the outcome of the trial.

(M.A.B.)         Bail allowed