2016 PLP 193 (YLRN)

S. 498

Penal Code (XLV of 1860), Ss. 337-A(i) & 337-A (ii)

Shajjah-i-khafifah and mudihah

Pre-arrest bail, confirmation of

FIR had been lodged with an inordinate delay of five days

Prima facie presumption of deliberation and due consultation would attract in the case

Medical expert had expressed his opinion that possibility of friendly hand could not be ruled out

Element of mala fide on the part of complainant with regard to false implication of accused could not be ruled out

Arrest of accused would serve no useful purpose rather it would bring him to undue harassment and humiliation in public

Ad-interim pre-arrest bail already granted to the accused was confirmed subject to his furnishing fresh bail bonds in the sum of Rs.50,000/- (fifty thousand) with one surety in the like amount to the satisfaction of Trial Court. [Paras. 6 and 7 of the judgment] Sardar Jam Muhammad Afzaal for the Complainant. Irfan Zia, D.P.G. along with Shabbir Ahmad, A.S.I. for the State. ORDER FARRUKH GULZAR AWAN, J.

Petitioner Muhammad Asif has sought concession of pre arrest bail in case FIR No.233 dated 6.6.2015 registered under sections 337-A(ii)/337-F(i), P.P.C. at Police Station Rukanpur District Rahim Yar Khan.

2. The allegation against the petitioner is that on 01.6.2015 at evening time, he along with his co-accused, in furtherance of their common intention while armed with Kassi, attacked upon the complainant and gave blows of reverse side of Kassi on right side of his head and also on the left side of head of Sikandar injured.

3. Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in this case with mala fide intention and ulterior motive; that there is an inordinate delay of 5-days in lodging the FIR; that injury on the person of Sikandar injured has been declared Shajah-e-Khafifa, which is simple in nature; that injury attributed on the person of Rafique injured has been opined by the medical expert that the possibility of friendly hand cannot be ruled out; that the arrest of petitioner would serve no useful purpose rather would cause unjustifiable harassment and humiliation against the petitioner, therefore, he is not entitled to the extra ordinary relief of pre arrest bail.

4. Learned DDPP assisted by the learned counsel for the complainant has strongly opposed this petition.

5. Hearkened. Record scanned.

6. Bare perusal of FIR shows that this occurrence allegedly took place on 01.6.2015 and the matter was reported to the police on 6.6.2015 with an inordinate delay of 5-days and in such like cases, if the matter is not promptly reported to the police, prima facie the presumption of deliberation and due consultation shall always attach to the proposition.

7. So far as the injuries are concerned, injury on the person of Sikandar PW was declared as Shajah-i-Khafifa falling under section 337-A(i), P.P.C., which is bailable (wrongly mentioned in the FIR as 337-F(i), P.P.C.). Regarding injury on the person of Rafique Ahmad falling under section 337-A(ii), P.P.C., the medical expert has expressed his opinion that the possibility of friendly hand cannot be ruled out. The element of mala fide on the part of complainant regarding false implication of the petitioner in this case cannot be ruled out and the arrest of the petitioner would serve no useful purpose rather bring him to undue harassment and humiliation in the public. In view above, the petition in hand is allowed and the concession of ad interim pre arrest bail already granted to the petitioner stands confirmed subject to his furnishing fresh bail bonds in the sum of Rs.50,000/- (fifty thousand) with one surety in the like amount to the satisfaction of learned trial Court. ZC/M-280/L Pre-arrest bail confirmed.