2017 PLP 30 (MLD)

Bilal alias Bali was sent to prison over the charge of possessing 1750-grams Charas and now has prayed for grant of bail.

2. Learned counsel for the petitioner submits that the whole occurrence is tailored one; the petitioner was innocently captured to relentless tortured, then knowing his condition serious has been involved in the false case to cover up the element of repression, in this regard learned counsel has turned to Medico Legal Report carried on 08.09.2015 at 12:10 p.m. by the Medical Officer who observed as many as sixteen injuries, out of it, injuries Nos.1, 2, 3, 13 and 16 were kept under observation for X-Ray report; Further submits that the report of Radiologist reveals that injuries Nos. 1 and 15 carry fracture of bones and have been declared 337-F(v), P.P.C. It has further been submitted that male members of the family of the petitioner have also been falsely involved in different cases of identical nature to deter them to prosecute against the police, therefore, in these circumstances, a case for the grant of bail is made out and hence, has requested for the acceptance of instant application.

3. Learned DDPP has opposed the submissions that the petitioner was apprehended at the spot along with huge quantity of contraband charas while his sustaining of injuries has also been elaborated in the FIR, therefore, he does not deserve the relief sought for.

4. Heard. Record perused.

5. Assuredly, the petitioner was apprehended at the spot along with contraband charas but his sustaining of number of injuries as alleged is repellant to the senses. The doctor has given the duration of injuries within eight to twenty hours whereas the incident took place on 08.09.2015 at about 09:00 a.m., in this way, the time reckoning, prima facie, proves that he was held in police custody and might have been manhandled, then the contraband might have been planted upon him to deterge its blameworthy aggression done fiendishly and fiercely. The petitioner was medically examined on 08.09.2015 and 16 injuries were found on his body, of its, injuries Nos. 1 and 15 have carried fractures of bones. Such number of injuries could not have been received by the petitioner by impinging on rickshaw. Prima facie, this version of the prosecution appears to be preposterous, this backdrop reflects upon the whole prosecution's case veracity.

6. It is a talk of the town that our police treat the persons fiendishly though law does not permit it but some sort of conceit is assimilated in them by wearing the uniform and do not bother that they are accountable before the Almighty Allah. It is noticed that the police officials working in the field usually do not speak truth in whole of the matter before the Courts which is very unfortunate and incommodious but the Almighty Allah view and hears each and every person and deeds accountable before Him at the end of day, it is relevant and may not be incongruous to describe here that, In the Holy Qura-en in Surah Jathiyah Allah Almighty has revealed verse No. 29 as:-- "This Our record speaks of you in all truth: for, verily, We have caused to be recorded all that you ever did!" The Courts are bound to function under the codified laws of land without any fear of contradiction, it is described that the criminal justice system has been packed by the incorrigibility's of police officials especially working in the field. It has also been noticed that extraneous interferences and personal motivations in the functions of the police have taken such a deep place which has to be required to be eradicated and controlled. Furthermore, rapacity of greed to wealth has broken all limits rather sometimes is thought, are we Muslims living in a country obtained on the basis of ideology of Islam. In the running epoch the duties of the Courts have become so difficult to search the truth. In some times, the truth and falsity have been noticed so entwined, its separation remains impossible. It is also true that a criminal remains foot ahead of the law but the standard of investigation is so poor, on account of it the prosecution does not succeed in getting the culprits punished. It is said that passage of law is very exquisite to seek justice but the same does not guarantee administration of justice. Police investigation plays pivotal role in the criminal administration of justice, therefore, need of the day is to reform it segimentationly. This paragraph has been mentioned having noticed the aberrant behavior of complainant (Jamshed Iqbal, T.ASI).

7. Circumstances deliberated above warranting to persuade the Court to allow this petition, therefore, instant application is accepted and the petitioner is granted bail provided his submission of bail bond in the sum of Rs.2,00,000/- (rupees two lac only) with one surety in the like amount to the satisfaction of the learned trial court. SL/B-13/L Bail allowed.