Inconsistencies between the injuries mentioned in the FIR and the medico-legal report -- It is not the duty of the Court to monitor the investigation.

 (1) Inconsistencies between the injuries mentioned in the FIR and the medico-legal report

(2) Special Medical Board found the injuries fabricated

(3) It is not the duty of the Court to monitor the investigation.

It is a well settled exposition of law that investigating crimes is the responsibility of the police, and the IO performs a vital and dominant role in this regard. It is not the duty of the Court to monitor the investigation unless the investigation conducted by IO appears to be mala fide, an abuse of power, or in violation of the relevant provisions of the Cr.P.C., therefore, the jurisdictional extent of intervention by the court in the course of the investigation is restricted and limited.

(4) The gravity of the allegation does not impede the grant of pre-arrest bail if reasonable grounds are available.

While considering the petition for bail, the Court has to ascertain the gravity and seriousness of the accusation. The precise role of the accused must be determined and the Court must also gauge the existing material in order to reach a tentative assessment on whether the accused has been indicted with the object of injuring, demeaning or disgracing his image and reputation. No doubt, anticipatory bail can be granted in the exceptional circumstances. The jurisdiction to consider the grounds of bail in pre-arrest and post-arrest are different. The remedy of pre-arrest bail is meant to safeguard and shelter an innocent person who has been dragged into a case with mala fide intention or ulterior motives by the complainant or prosecution. While entreating the exercise of discretion of the Court for the grant of anticipatory bail, the accused is obligated to demonstrate that the case against him is based on mala fide and must divulge reasonable grounds to substantiate that he is not guilty of the offence and that sufficient grounds are available to lead further inquiry. The concepts of mala fide, ulterior motives or false implication are elementary and indispensable constituents for enlarging the accused on pre-arrest bail with the imminent apprehension of his arrest if the bail is declined. The mere gravity of the allegation does not impede the grant of prearrest bail if reasonable grounds are otherwise available on a tentative appraisal of the evidence.

Crl.P.L.A.705/2023
PMir Muhammad v. The State through Prosecutor General Sindh
Mr. Justice Muhammad Ali Mazhar
22-11-2023