-Pre-arrest bail, grant of--Allegation of--Petitioner alongwith co-accused while armed with respective weapons--Although, as per F.I.R, petitioner .....

 PLJ 2024 Cr.C. (Note) 73

[Lahore High Court, Lahore]

Present: Anwaarul Haq Pannun, J.

AJMAL SHAH--Petitioner

versus

STATE etc.--Respondents

Crl. Misc. No. 34261-B of 2023, decided on 20.6.2023.

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

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 354, 452, 337-A(i), 337-A(iii), 148 & 149--Pre-arrest bail, grant of--Allegation of--Petitioner alongwith co-accused while armed with respective weapons--Although, as per F.I.R, petitioner allegedly gave a sota blow on nose of wife of complainant causing fracture to nasal bone yet as per Medco Legal Certificate, Medical Officer opined that “possibility of fabrication cannot be ruled out”--In present case, District Standing Medical Board was constituted but according to DSMR report aforesaid injured PW did not appear for her re-examination before Board--In such backdrop, possibility of his false implication with malafide and ulterior motive of complainant cannot be ruled out, thus case requires further inquiry--The culpability of petitioner coupled with sharing of common object would be determined by trial Court, after recording prosecution’s evidence--The petitioner has already joined investigation and sending him behind bars would not be lucrative to prosecution--Bail allowed.                                                                                        [Para 5] A

Mr. Naila Mushtaq, Advocate for Petitioner.

Ch. Tanvir Ahmad, Deputy Prosecutor General for State.

Complainant in person.

Date of hearing: 20.6.2023.

Order

Report on behalf of District Police Officer, Jhang filed.

2. Through this petition, the petitioner Ajmal Shah seeks pre-arrest bail in case/FIR No. 186, dated 04.03.2023, offence under Sections 354/452/337-A(i)337-A(iii)/148/149, PPC, registered at Police Station Saddar, Jhang.

3. Precisely, the allegation against the petitioner is that he along-with his co-accused while armed with their respective weapons, in prosecution of their common object, made trespass into the house of the complainant, caused injuries to Mst. Shafqat Bibi alias Sakhawat Bibi with their respective weapons.

4. Arguments heard and record perused.

5. Although, as per F.I.R, the petitioner allegedly gave a sota blow on nose of Mst. Shafqat Bibi alias Sakhawat Bibi, wife of the complainant causing fracture to nasal bone yet as per Medco Legal Certificate, the Medical Officer opined that “possibility of fabrication cannot be ruled out”. In the present case, the District Standing Medical Board was constituted but according to the DSMR report, the aforesaid injured PW did not appear for her re-examination before the Board. In such backdrop, possibility of his false implication with malafide and ulterior motive of the complainant cannot be ruled out, thus case requires further inquiry. The culpability of the petitioner coupled with sharing of common object would be determined by learned trial Court, after recording prosecution’s evidence. The petitioner has already joined the investigation and sending him behind the bars would not be lucrative to the prosecution. Resultantly, subject to his furnishing fresh bail bonds in the sum of Rs. 1,00,000/- (one lac) with one surety in the like amount to the satisfaction of learned trial Court, the ad-interim bail already granted to the petitioner is confirmed and instant petition stands allowed.

(A.A.K.)          Bail allowed