Ss. 354, 452, 337-L(ii) & 34--Pre-arrest bail, grant of--Allegation of--Criminally house trespassed and caused injuries on persons--There was joint allegation against petitioners that.........

 PLJ 2024 Cr.C. (Note) 208
[Lahore High Court, Multan Bench]
Present: Safdar Saleem Shahid, J.
MUHAMMAD IRSHAD etc.--Petitioners
versus
STATE etc.--Respondents
Crl. Misc. No. 2799-B of 2021, decided on 23.6.2021.

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

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 354, 452, 337-L(ii) & 34--Pre-arrest bail, grant of--Allegation of--Criminally house trespassed and caused injuries on persons--There was joint allegation against petitioners that they alongwith four unknown culprits while armed with weapons caused injuries on persons but lady doctor observed Only one injury on persons of which were declared simple in nature and same come within ambit of bailable offences, whereas was not medically examined--Allegedly civil litigation was pending between parties, therefore, false involvement of petitioners in instant case on basis of mala fides on account of civil dispute between parties cannot be ruled out.                                                                         [Para 3] A

Hafiz Allah Ditta Kashif, Advocate with Petitioners.

Madam Asmat Parveen, D.P.G for State.

Mr. Muhammad Yousaf, Advocate for Complainant.

Date of hearing: 23.6.2021.

Order

Muhammad Irshad and Shamshad petitioners seek pre-arrest bail in a case registered against them vide FIR No. 104 of 2021 dated 11.02.2021 offences under Sections 354, 452, 337-L(ii) & 34, PPC at police station City JalalpurPirwala District Multan.

2. According to FIR, on 11.02.2021 at about 11:00 A.M the petitioners alongwith four unknown culprits while armed with weapons criminally trespassed into the house of the complainant and caused injuries on the persons of ladies Shakila Bibi, Shabana Bibi and Saira Bibi. Hence instant FIR was registered.

3. After hearing the arguments of learned counsel for the parties and learned D.P.G, it has been noticed that initially FIR was registered under Sections 354, 337-L(ii) & 34, PPC but during investigation the police inserted the offence under Section 452, PPC without collecting any additional evidence. According to prosecution’s own case, there was joint allegation against the petitioners that they alongwith four unknown culprits while armed with weapons caused injuries on the persons of Shakeela Bibi, Shabana Bibi and Saira Bibi but lady doctor observed Only one injury on the persons of Shakeela Bibi and Shabana Bibi which were declared simple in nature and same come within the ambit of bailable offences, whereas Mst. Saira Bibi was not medically examined. Allegedly civil litigation was pending between the parties, therefore, false involvement of the petitioners in the instant case on the basis of mala fides on account of civil dispute between the parties cannot be ruled out.

4. For what has been discussed above, this petition is accepted and ad interim pre-arrest bail already granted to the petitioners by this Court vide order dated 22.04.2021 is confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 1,00,000/-(Rupees one lac) each with one surety each in the like amount to the satisfaction of the learned Trial Court.

(A.A.K.)          Petition accepted