PLJ 2023 Cr.C. (Note) 270
[Lahore High Court, Multan Bench]
Present: Shakil Ahmad, J.
versus
STATE and another--Respondents
Crl. Misc. No. 2998-B of 2022, decided on 26.5.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), S. 337-A(iii)/337-A(ii)/337-A(i)/337F(i)/148/149--Medical board--Non appearance of the injured--Post arrest bail--grant of--Petitioner allegedly gave two sota blows on one injured, hitting on his left side of jaw and neck and second landed on backside of his left shoulder--District standing medical board for re-examination of the injured persons was constituted and injured did not join the proceedings of the said board--Two other injured persons joined the proceedings before the district standing medical board and the Board was of the opinion that the injuries sustained by the said injured persons were fabricated one--Said facts make the case one of further inquiry--Post arrest bail allowed. [Para 2 & 3] A & B
PLD 2012 SC 222; PLD 1985 SC 182; 1985 SCMR 382 ref.
Khawaja Qaisar Butt, Advocate for Petitioner.
Malik Mudassar Ali, Deputy Prosecutor General for State.
Despite service, none has entered appearance on behalf of Complainant.
Date of hearing: 26.5.2022.
Order
Instant petition has been filed under Section 497, Cr.P.C. by Qurban Ali petitioner seeking post arrest bail in case FIR No. 762/2021 dated 30.10.2021 registered at Police Station Gaggo, District Vehari for the offences under Sections 337-A(iii), 337-A(ii), 337-A(i), 337-F(i), 148, 149, PPC. Earlier applications of the petitioner for the same relief were dismissed by learned trial Court and learned Additional Sessions Judge, Vehari, vide order dated 25.03.2022 and 07.04.2022 respectively.
2. As per FIR, briefly, accused/petitioner along with co-accused persons, launched an attack on complainant side, in result of which complainant Irfan, Zaman, Imran and Amanat became injured. Specific allegation against accused/ petitioner Qurban is that he gave two Sota blows on person of Imran, one hitting on his left side of jaw and neck and second landed on backside of his left shoulder.
3. Having heard learned counsel for the petitioner, learned Law Officer and upon tentative assessment of the record, it has been noticed that although accused/petitioner is named in FIR with specific role of giving two Sota blows on the corpus of injured Imran yet the said injured, in his statement under Section 161 of Cr.P.C. did not name specifically accused/petitioner who caused him injuries rather he state that:
"شورواویلہ پر میں امانت علی اور عرفان آگئے ہمیں بھی الزام علیہان نے مضروب کیا۔"
Apart, District Standing Medical Board for reexamination of injured was constituted and accused/petitioner did not join proceedings the said Board. The injured persons namely Zaman and Irfan joined proceedings before District Standing Medical Board and the Board was of the opinion that the injuries sustained by the said injured were fabricated one. The above mentioned facts make the case of accused/petitioner one of further inquiry. It is by now established principle of law that whenever case of accused/ petitioner becomes that of further inquiry, then petitioner would be entitled to the grant of post-arrest bail not as a matter of grace but as a matter of right. Reliance in this regard be safely placed on the cases reported as “Muhamumad Sadiq v. Sadig and others (PLD 1985 SC 182). “Ibrahim v. Hayat Gul and others (1985 SCMR 382) and “Qamar alias Mitho v. The State and others (PLD 2012 SC 222).
4. For the reasons recorded above, petition in hand is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 100,000/- with one surety in the like amount to the satisfaction of learned trial Court.
(M.A.B.) Petition allowed
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