2021 P Cr (PLP)
AQEEL — Petitioner Versus The STATE and another — Respondents
| Citation | 2021 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | AQEEL — Petitioner Versus The STATE and another — 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 2021 P Cr (PLP)?
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 2021 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 P Cr (PLP) (AQEEL — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Asghar Ali Faheem Bhatti for Petitioner.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss. 337-A(iii), 337-A(i), 337-L, 148 & 149
Shajjah-i-hashimah, shajjah-i-khafifah, rioting, rioting armed with deadly weapon
Scope
Accused sought pre-arrest bail in a cross-version reported with an unexplained delay of about three months
Concise allegation against the accused was that he gave butt blows with pistol on left side of the face of complainant, however, it was concluded during investigation that the accused was merely present on the spot at the time of incident
Accused and others had received injuries during the incident regarding which an FIR was lodged on the application of paternal uncle of accused
Case was of two versions and it was yet to be determined by the Trial Court after recording of evidence as to which party was the aggressor and which party was aggressed upon
Mala fide on the part of complainant for false implication of the accused could not be ruled out
Petition for grant of pre-arrest bail was allowed, in circumstances.
S. 498
Constitution of Pakistan, Art. 9
Scope
Liberty of a person is a precious right which has been guaranteed by the Constitution
Court can look into and evaluate the mala fide from the facts and circumstances of the case.
Judgment & Decree
SHEHRAM SARWAR CH., J.
Aqeel, petitioner seeks pre-arrest bail in a cross version case recorded under sections 337-A(iii), 337-A(i), 337-L(2), 148 and 149, P.P.C. in case FIR No.149 dated 10.04.2020 offence under sections 337-A(iii), 337-A(i), 337-L(2), 148 and 149, P.P.C. registered at Police Station Saddar Tandlianwala District Faisalabad.
2. Precisely the prosecution story, as set out in the cross version, is that the petitioner along with his co-accused attacked the complainant and caused him injuries.
3. Heard. Record perused.
4. There was an unexplained delay of about three months in reporting the crime to the police through cross version as the alleged incident took place on 05.04,2020 whereas the cross version was got recorded on 02.07.2020. The concise allegation against the petitioner is that he gave butt blows with pistol on left side of face of complainant. As apprised by learned Law Officer under instructions and after perusal of record, it was concluded during investigation that the petitioner was merely present on the spot at the time of incident.
5. As confirmed by the learned Law Officer, the petitioner as well as Azhar and Mazhar also received injuries during this incident, ultimately, FIR No.149 of 2020 was lodged on the application of Nasir Hussain, paternal uncle of petitioner. Admittedly, it is a case of two versions and it is yet to be determined by the learned trial Court after recording of evidence as to which party was aggressor and which party was aggressed upon. Reliance is placed on case law titled as "Saqib and others v. The State and others" (2020 SCMR 677).
6. Liberty of a person is a precious right which has been guaranteed by the Constitution of Islamic Republic of Pakistan, 1973. It is a settled principle of law that the Court can even look into and evaluate the mala fide from the facts and circumstances of the case, which apparently oozing in this case from the facts and circumstances discussed above. In this regard, reliance is placed on the case laws reported as "Ajmal Khan v. Liaqat Hayat and another" (PLD 1998 SC 97) and "Syed Muhammad Firdaus and others v. The State" (2005 SCMR 784).
7. For what has been observed above, mala fide on the part of the complainant for false implication of the petitioner cannot be ruled out. Therefore, this petition is allowed and ad-interim pre-arrest bail already allowed to the petitioner vide order dated 23.09.2020 is hereby confirmed subject to his furnishing fresh bail bond in the sum of Rs.1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of learned trial court. SA/A-5/ Pre-arrest bail granted.