PLJ 2009 Cr.C. (Lahore) 983
Present: Zubda-tul-Hussain, J.
GHULAM ALI etc.--Petitioners
versus
STATE--Respondent
Crl. Misc. No. 87-B of 2009, decided on 20.2.2009.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 452, 148 & 149--Bail before arrest, confirmed--Cross version--Injury attributed to injured was declared doubtful--Held: On re-examination of the injured lady the injury attributed to accused was declared doubtful which renders it a case of further inquiry--Bail before arrest was confirmed.
[P. 984] A
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Bail, before arrest, dismissal of--Case of accused was different to co-accused--Injury alleged against him resulted in fracture of the bone of arm of complainant and the same had been endorsed by medical board--No malice or ulterior motive can be gathered against complainant for the role attributed to accused--No cogent reason for concession of extra ordinary relief of pre-arrest bail--Bail was dismissed. [P. 985] B
Mr. Ghulam Hussain Awan and Muhammad Mumtaz Dogar, Advocates for Petitioner.
Mr. Ghulam Qadir Bari, APG for State.
Date of hearing: 20.2.2009.
Order
Bilal Ahmad the Petitioner No. 2 was initially complainant of FIR No. 638 of 2008 under Sections 452, 148 and 149 PPC, registered at Police Station Sillanwali District Sargodha. During the investigation of this FIR a cross-version was also recorded of Muhammad Siddique (one of the accused) in the said FIR No. 638 wherein it was alleged that on 18.11.2008 at about 3.00 p.m. while he was on the dera of the animals along with his wife Mst. Kausar Bibi and sister Haleema Bibi, the accused Ghulam Ali armed with hatchet, Muhammad Bilal and Ijaz Hussain holding sotas, Asif armed with gun came there. Bilal gave him a sota blow on the right elbow, Ghulam Ali gave a hatchet blow on the head of Mst. Kausar Bibi, In the meanwhile Mst. Shakooran Bibi and Manzoor Bibi also came there. The former was having a hunter in her hand with which she started beating Mst. Haleema Bibi. Sajjad also came there and the accused started beating the complainant party.
2. It is in the above-mentioned cross-version case that the petitioners Ghulam Ali and Bilal have applied for pre-arrest bail under Section 498 of the Cr.P.C. In the cross-version the offence under Sections 337-A(ii), 337-F(i), 337-F-A(v) and 337-L(i) PPC have been incorporated. It has been argued on behalf of the petitioners that the cross-version is false and a retaliation to the case FIR No. 638 and as such result of malice and ulterior motive of the complainant of cross-version. It has also been argued that the injury alleged against Ghulam Ali petitioner on the head of Mst. Kausar Bibi was initially declared "Shajja Madiha" but on re-examination the medical board has declared it doubtful. The learned counsel further argued that Muhammad Siddique complainant subsequently in a written application to the Investigating Officer changed the attribution interse the petitioners which rendered the case doubtful and of further inquiry.
3. On behalf of the complainant Muhammad Siddique the submission of application regarding the change of attribution has been denied and disowned.
4. The learned APG assisted by the learned counsel for the complainant maintained that the accused other than the petitioners are absconders and both the petitioners are equally liable for the serious offence alleged in the cross-version and as such are not entitled to the concession of pre-arrest bail.
5. It is not denied that on re-examination of the injured Mst. Kausar Bibi the injury attributed to Ghulam Ali had been declared doubtful which renders it a case of further inquiry against Ghulam Ali. The ad-interim bail granted to Ghulam Ali petitioner is, therefore, confirmed, provided he submits his bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the learned Illaqa Judicial Magistrate.
6. The case of Bilal accused is however, different to that of Ghulam Ali Petitioner No. 1. The injury alleged against him resulted in the fracture of the bone of the arm of the complainant and the same has been endorsed by the medical board as well. From the circumstances no malice or ulterior motive can be gathered against the complainant for the role attributed to Bilal Ahmad Petitioner No. 2. I, therefore, do not find any cogent reason for concession of extra ordinary relief of pre-arrest bail to Bilal Ahmad-petitioner. The bail petition to the extent of Bilal Ahmad-petitioner is, therefore, dismissed.
(R.A.) Order accordingly.