PLJ 2014 Cr.C. (Lahore) 154

[Multan Bench Multan]

Present: Muhammad Qasim Khan, J.

versus

Crl. Misc. No. 5260-B of 2013, decided on 18.11.2013.

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

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 337-A(ii), 337-F(i), 148 & 149--Bail before arrest--Confirmed--Although the petitioner had been nominated in the FIR and the role assigned to him was that when the complainant tried to come back in order to save himself, sota blow by petitioner hit his toe and thus his finger was injured--Injury attributed to the petitioner, prima facie, at the most would attract Section 337-F(i), PPC and the same is punishable with one year imprisonment--Opinion of the doctor who had issued the medical legal certificate to the complainant, had been challenged by the accused side and a Medical Board was constituted for re-examination of the injured, but despite issuance of repeated process the injured did not appear before the Medical Board, as such sufficient doubt was cast about the prosecution case qua the injury assigned to the present petitioner and involvement of the petitioner in this case required further probe--Granted bail to the accused inter-alia on the ground that injured was avoiding appearance before the Medical Board--Taking stock of all the above situation, possibility of petitioner's false implication as a result of widened net, cannot be ruled out--Bail was confirmed. [Pp. 155 & 156] A & B

PLJ 2005 Cr.C. Lahore 47, 1997 MLD 215 & 2010 MLD 950, ref.

Mr. Mehmood Khan Ghouri, Advocate for Petitioner.

Malik Muhammad Jaffar, Deputy Prosecutor General for Respondents.

Complainant in Person.

Date of hearing: 18.11.2013.

Order

Petitioner (Muhammad Afzal) seeks pre-arrest bail in a case arising out of FIR No. 669/2013 dated 15.09.2013 under Sections 337-A(ii), 337-F(i), 148/149, PPC registered at Police Station Muzaffarbad Multan.

2. I have heard the arguments of learned counsel for the parties and perused the entire available record with their able assistance.

3. Although the petitioner has been nominated in the FIR and the role assigned to him is that when the complainant tried to come back in order to save himself, sota blow by Muhammad Afzal (petitioner) hit his toe and thus his finger was injured. The injury attributed to the petitioner, prima facie, at the most would attract Section 337-F(i), PPC and the same is punishable with one year imprisonment. Apart from that aspect, the opinion of the doctor who had issued the medical legal certificate to the complainant, had been challenged by the accused side and a Medical Board was constituted for re-examination of the injured, but despite issuance of repeated process the injured did not appear before the Medical Board, as such sufficient doubt is cast about the prosecution case qua the injury assigned to the present petitioner and involvement of the petitioner in this case requires further probe. This Court in the case "Amanullah versus State" (PLJ 2005 Cr.C. (Lahore) 47); "Zafar Ali versus The State" (1997 MLD 215) and "Shahid Iqbal versus The State and another" (2010 MLD 950), granted bail to the accused inter-alia on the ground that injured was avoiding appearance before the Medical Board. Taking stock of all the above situation, possibility of petitioner's false implication as a result of widened net, cannot be ruled out. Consequently, while respectfully placing reliance on the case Miran Bakhsh Case (PLD 1989 SC 347), this bail application is allowed and interim pre-arrest bail earlier granted to the petitioner is hereby confirmed subject to his furnishing fresh bail bond in the sum of Rs. 100,000/- with one surety in the like amount to the satisfaction of learned trial Court.

4. Needless to add that if the petitioner tries to hamper the trial or misuses the concession of bail, the learned trial Court would be at liberty to proceed against him in accordance with law.

(A.S.) Bail confirmed