-One injury near eye which is not mentioned in FIR nor in statement u/S. 161 Cr.P.C. was found by the doctor on the person of injured, the same was later declared to be falling within the mischief of Section 337-A(iii), PPC--

 PLJ 2024 Cr.C. (Note) 67

[Lahore High Court, Multan Bench]

Present: Muhammad Amjad Rafiq, J.

NAVEED AKHTAR--Petitioner

versus

STATE, and another--Respondents

Crl. Misc. No. 460-B of 2022, decided on 28.2.2022.

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

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 337-A(iii)/337-A(i)/341/34/109--Contradiction in medical evidence--Pre-arrest bail--confirmation of--Petitioner is under the charge of causing one injury at the back of head of the injured yet the doctor has declared such injury falling within the mischief of Section 337-A(i), PPC which is bailable--One injury near eye which is not mentioned in FIR nor in statement u/S. 161 Cr.P.C. was found by the doctor on the person of injured, the same was later declared to be falling within the mischief of Section 337-A(iii), PPC--During investigation, police concluded that said injury has been caused by one who is nephew of present petitioner--On such development in investigation and in the light of observations of doctor, petitioner has made out a case of further inquiry--This petition is allowed and interim pre-arrest bail already granted to the petitioner is confirmed.        [Para 3] A & B

2021 SCMR 130; PLD 1989 SC 347 ref.

Kh. Qaisar Butt, Advocate for Petitioner.

Ms. Asmat Parveen, DDPP for State.

Mr. Muhammad Sharif Karkhi Khera. Advocate vice counsel for Complainant.

Date of hearing: 28.2.2022.

Order

Petitioner seeks pre-arrest bail in case FIR No. 764/ 2021 dated 14.10.2021 registered under Sections 337-A(i), 337-A(iii), 341, 34, 109, PPC at Police Station Saddar Vehari District Vehari.

2. I have heard learned counsel for the parties as well as learned Deputy District Public Prosecutor and perused the record.

3. Though the petitioner is under the charge of causing one injury at the back of head of the injured yet the doctor has declared such injury falling within the mischief of Section 337-A(i), PPC which is bailable. One injury near eye which is not mentioned in FIR nor in statement under Section 161, Cr.P.C. was found by the doctor on the person of injured, the same was later declared to be falling within the mischief of Section 337-A(iii), PPC punishment whereof is 10 years. However, during investigation, police concluded that said injury has been caused by one Mustansir who is nephew of present petitioner. On such development in investigation and in the light of observations of doctor, petitioner has made out a case of further inquiry and apparently, involvement of the petitioner in this case due to malafide of the complainant cannot be ruled out, therefore, while relying upon the case “Khair Muhammad and another versus The State through P.G. Punjab and another” (2021 SCMR 130), wherein while granting pre-arrest bail the Hon’ble Supreme Court with reference to “Meeran Bux v. The State and another” (PLD 1989 SC 347) has held that “the scope of the pre-arrest bail has been widened and as such while granting pre-arrest bail even the merits of the case can be touched upon”, this petition is allowed and interim pre-arrest bail already granted to the petitioner is confirmed subject to furnishing fresh bail bond in the sum of Rs. 1,00,000/-(one lac) with one surety in the like amount to the satisfaction of learned trial Court.

(K.Q.B.)          Bail Confirmed