2017 PLP 78 (YLRN)

SHAHID HAMEED DAR, J.

The allegation against the petitioner, Ghulam Abbas, as per FIR No.58/2016, dated 22.2.2016, under sections 337-F(iii), 337-L(2)/34, P.P.C., registered at Police Station Sandhal Bar Faisalabad is, that he being armed with iron rod, joined by two unknown armed companions, attacked Muhammad Anwar (complainant) at about 9.00 a.m. on 14.2.2016 and badly injured him; specifically speaking, he dealt a sarya blow to the right leg of the injured, due to which he fell on the ground.

2. Learned counsel for the petitioner seeks bail on the ground that the petitioner has been involved in this case on a false charge, as the alleged occurrence did not take place at all; the petitioner's involvement is a product of mala fides of the complainant; the injured did not appear before the medical board, repeatedly constituted for re-examination of his injuries, which unfurled untruthfulness of allegation against the petitioner; being it conspiratorial case against him, the petitioner may be saved from the lurking danger of being arrested by the police, which played under the thumb of the complainant.

3. Learned Deputy Prosecutor General Punjab and learned counsel for the complainant have opposed this application. According to them, the petitioner has inflicted an injury on the person of the complainant, which fell within the mischief of a non-bailable offence; the injured, being oblivious, failed to appear before the medical board for re-examination of his injuries, nonetheless, he could not be forced to undertake any such exercise against his will; the petitioner was armed with an iron-bar, which is still to be recovered.

4. After hearing the learned counsel for the parties and perusing the record, it is observed that medico-legal report of the injured revealed two blunt-weapon injuries, one each-on his right (injury No.1) and left leg (injury No.2), one out of which, injury No.1, has been declared Ghayr-jaifah-mutalahimah (337-F(iii), P.P.C.) and the other fell within the mischief of section 337-L(2), P.P.C. 'The record reveals that special medical board was constituted, vide order dated 19.3.2016 passed by learned magistrate section 30, Faisalabad, for re-examination of the injuries of Muhammad Anwar injured, which repeatedly summoned him for re-examination of his injuries, but he avoided appearing before it. A memo issued by the MS DHQ Hospital, Faisalabad read that "the injured is reluctant to appear before the district standing medical board to conceal the facts and shows his mala fide intention." The petitioner moved for reconstitution of the medical board, which was allowed by the learned magistrate on 30.4.2016. The DSMB, Faisalabad, repeatedly summoned the complainant-injured again for re-examination of his injuries, but he still did not make it to the board and thus, frustrated fresh efforts of the petitioner to have him medically re-examined. The evasiveness on the part of the complainant may not be purposeless, which might reflect on the veracity of his contention as to having been hit by the petitioner. If it is all fair with his injuries, he must not have hesitated in appearing before the medical board for re-examination of his injuries and by having it not done so, he did not transmit a healthy signal to his case. An offence, under section 337-F(iii), P.P.C. is punishable with three years imprisonment, which virtually teetered at the verge of a bailable and non-bailable offence. The petitioner's false involvement in this case due to some malice or hidden motives of the complainant may not be an outright improbability. The Hon'ble Supreme Court of Pakistan, in an identical situation, has granted bail before arrest to Muhammad Essa accused, reported as 2012 SCMR

646. Another case law, Malik Muhammad Aslam v. The State and others (2014 SCMR 1349) would also be relevant in this context.

5. Therefore, this application is allowed and the ad-interim pre-arrest bail granted to the petitioner on 26.4.2016 is confirmed subject to furnishing fresh bail bonds in the sum of Rs.1,00,000/- (one lac) with one surety in the like amount to the satisfaction of the learned trial court. WA/G-22/L Bail granted.