2014 PLP 1618 (YLR)
SAMAR ABBAS — Petitioner Versus SIKANDAR and 3 others — Respondents
| Citation | 2014 PLP 1618 (YLR) |
| Forum / Court | Islamabad |
| Bench Members | Shaukat Aziz Siddiqui, J |
| Parties | SAMAR ABBAS — Petitioner Versus SIKANDAR and 3 others — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2014 PLP 1618 (YLR)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2014 PLP 1618 (YLR)?
The case was heard and decided by the Islamabad bench comprising: Shaukat Aziz Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2014 PLP 1618 (YLR) (SAMAR ABBAS — Petitioner Versus SIKANDAR and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Afsar Ali Khan for Petitioner.
- Rana Abid Nazir Khan for Respondents Nos.1 and 2.
- 2. Learned counsel for petitioner submits that the impugned order is indicative of the fact that tentative assessment of the available record has not been made. The injury received by the petitioner is declared fracture by the doctor attracting the Provision of section 337- F(V), P.P.C. which has not been mentioned in the impugned order. Learned counsel further submits that basic ingredient of pre-arrest bail i.e. mala fide on the part of the complainant has not been referred to by learned ASJ, Islamabad and merely saying that parties are in enmity is no ground to extend the extraordinary relief of pre-arrest bail. The crime weapon with which injury cause to the complainant was required to be recovered but this important aspect has also escaped notice by the learned A.S.-I., Islamabad. Learned counsel in support of his contention referred the Medico-legal Report bearing No.1762 dated 27-6-2013 with report of Radiologist.
- 3. On the other hand learned counsel for respondent has supported the impugned order and placed reliance on PLD 2010 Lahore 208 and 2013 YLR 958 and 2010 SCMR 64. He submitted that once bail has been granted then extraordinary circumstances are required to re-call or cancel the same. Further submits that from the circumstances of the case it appears that complainant of the case was aggressor who entered into the house of the respondents Nos.1 and 2 duly armed with a pistol, therefore, the question can only be resolved by recording of evidence as challan has been submitted in the Court but charge has not yet been framed.
- 6. It is an admitted fact that petitioner received serious injury resulting into fracture of his left arm but surprisingly learned ASJ, Islamabad has made no reference to this effect. It is well-settled law with the mandate of the dictum of Superior Courts of the country that in cases of bail before arrest, extraordinary concession can only be granted if element of mala fide is apparent. The impugned order is silent on this pivotal aspect. Moreover, learned ASJ, Islamabad has also ignored the aspect that extending benefit of pre-arrest bail shall hamper investigation as recovery of crime weapon, which according to the F.I.R. is rifle, is still to be effected. The Judgment relied by learned counsel for respondent Nos.1 and 2 are distinguishable in the circumstances of the case as it is well-settled law that each criminal case has its on facts and circumstances. In this view of the matter impugned order dated 3-9-2013 is set aside. The bail granted to the respondents Nos.1 and 2 is cancelled. However, this order shall not have any bearing on the case of the respondents for bail after arrest.
Headnotes / Summary
S. 497(5)
Penal Code (XLV of 1860), Ss. 337-F(v), 354, 506 & 34
Ghayr-jaifah hashimah, assault or criminal force to woman with intent to outrage her modesty, intentional insult with intent to provoke breach of peace, common intention
Pre-arrest bail, cancellation of
Recovery of crime weapon was still to be effected, thus extending benefit of pre-arrest bail would hamper the investigation
Bail granting order was silent about the aspect of any mala fide (of complainant)
Complainant received a serious injury resulting into a fracture of his left arm but court below did not make any reference to such effect
Pre-arrest bail granted to accused was cancelled in circumstances. PLD 2008 Lah. 208; 2013 YLR 958 and 2010 SCMR 64 distinguished.
S. 498
Extraordinary concession of bail before arrest could only be granted if element of mala fide (of complainant) was apparent. Fazal ur Rehman Khan Niazi, D.A.G. for the State. Anar Lak, S.I.
Judgment & Decree
SHAUKAT AZIZ SIDDIQUI, J.
Petitioner being complainant of case F.I.R. No.234 dated 3-7-2013, offence under sections 337-F(V), 354, 506 (II), 34 P.P.C. Police Station Bhara Kahu, Islamabad, seeks cancellation of pre-arrest bail granted to respondent Nos.1 and 2 vide impugned order dated 3-9-2013, by learned ASJ-III, East, Islamabad.
2. Learned counsel for petitioner submits that the impugned order is indicative of the fact that tentative assessment of the available record has not been made. The injury received by the petitioner is declared fracture by the doctor attracting the Provision of section 337- F(V), P.P.C. which has not been mentioned in the impugned order. Learned counsel further submits that basic ingredient of pre-arrest bail i.e. mala fide on the part of the complainant has not been referred to by learned ASJ, Islamabad and merely saying that parties are in enmity is no ground to extend the extraordinary relief of pre-arrest bail. The crime weapon with which injury cause to the complainant was required to be recovered but this important aspect has also escaped notice by the learned A.S.-I., Islamabad. Learned counsel in support of his contention referred the Medico-legal Report bearing No.1762 dated 27-6-2013 with report of Radiologist.
3. On the other hand learned counsel for respondent has supported the impugned order and placed reliance on PLD 2010 Lahore 208 and 2013 YLR 958 and 2010 SCMR
64. He submitted that once bail has been granted then extraordinary circumstances are required to re-call or cancel the same. Further submits that from the circumstances of the case it appears that complainant of the case was aggressor who entered into the house of the respondents Nos.1 and 2 duly armed with a pistol, therefore, the question can only be resolved by recording of evidence as challan has been submitted in the Court but charge has not yet been framed.
4. Learned D.A.G submits that recovery of crime weapon was to be effected from the respondents Nos.1 & 2, therefore, their physical custody was required by the police. Further submits that extraordinary relief has been extended to the accused persons without justifiable reasons and grounds.
5. I have heard the learned counsel for the parties and perused the record.
6. It is an admitted fact that petitioner received serious injury resulting into fracture of his left arm but surprisingly learned ASJ, Islamabad has made no reference to this effect. It is well-settled law with the mandate of the dictum of Superior Courts of the country that in cases of bail before arrest, extraordinary concession can only be granted if element of mala fide is apparent. The impugned order is silent on this pivotal aspect. Moreover, learned ASJ, Islamabad has also ignored the aspect that extending benefit of pre-arrest bail shall hamper investigation as recovery of crime weapon, which according to the F.I.R. is rifle, is still to be effected. The Judgment relied by learned counsel for respondent Nos.1 and 2 are distinguishable in the circumstances of the case as it is well-settled law that each criminal case has its on facts and circumstances. In this view of the matter impugned order dated 3-9-2013 is set aside. The bail granted to the respondents Nos.1 and 2 is cancelled. However, this order shall not have any bearing on the case of the respondents for bail after arrest. MWA/32/Isl Bail cancelled.