2005 PLP 3232 (YLR)

MIAN MUHAMMAD NAJAM -UZ-ZAMAN, J.

Seeks pre-arrest bail in case F.I.R. No. 452 of 2004 dated 24-4-2004 for the offences under sections 458/365/335/337-L(ii)/148/149/ 109, P.P.C. registered at Police Station Saddar, Faisalabad on the grounds that the story narrated in the application under section 22-A, Cr.P.C. moved before the Sessions Judge is entirely different than the fact narrated in the F.I.R.; during the investigation complainant of this case along with injured witness have sworn affidavits stating therein that Riaz Ahmad who has been shown as main culprit in the F,I.R., had not participated in the occurrence; that on the night between 24/25-12-2003 petitioners were on Church duty and in support of his arguments a certified copy of rapt has been placed on the record by the learned counsel, statedly the staff of Church has also filed affidavits stating therein that the petitioners were on duty at Church at the time of occurrence; that during the investigation offences under sections 458/365/335/354, P.P.C. were deleted by the investigating agency and against this finding of the agency Writ Petition No. 13364 of 2004 (Faizur Rehman v. I. - G. Police etc.) was filed but the same was dismissed for non-prosecution. It is submitted that the remaining offence i.e. under section 337-L(ii), P.P.C. is bailable whereas section 156(A)(C) and (D) of Police Order, 2002 does not fall within the prohibitory clause of section 497, Cr.P.C.; that petitioners are no more required for any further investigation; the petitioners are Government officials and there is no apprehension of their abscondence.

2. On the other hand learned Law Officer after going through the record submits that initially the matter was inquired into by the A.S.P. concerned. Under the orders of D.I.-G, Faisalabad, all the petitioners were found guilty, present case was registered. D.S.P. Range Crimes, Faisalabad also conducted the investigation and found the petitioners responsible for the commission of offence. Thereafter the matter was transferred to D.S.P., Imtiaz Cheema who during the investigation came to the conclusion that the offences under sections 365/335/458, P.P.C. are not made out and directed for submission of challan only under section 337-L(ii)(v), P.P.C. read with section 156(A)(C)(D) Police Act, 2002. Learned Law Officer further submits that this case was registered on 24-4-2004 and for the first time petitioners moved application for the grant of pre-arrest bail on 23-2-2005, after obtaining affidavits from the complainant side wherein the witnesses have exonerated the petitioners; it is submitted that this conduct of petitioners itself is sufficient to show the mala fide of the petitioners and disentitled them to the concession of bail

3. Heard. File perused.

4. The brief facts of the prosecution case are that one Faizur Rehman son of Muhammad Sharif filed an application before the police for registration of case alleging therein that on the night falling between 25 and 26 December, 2003 Ayaz Ahmad, S.-I., Abdul Shakoor, Muhammad Afzal, Muhammad Arshad Constables, Asif son of Ghulam Jillani and Sarwar son of Sheema launched attack on his house when he was sleeping and intruded into the house by scaling over the wall. They apprehended and tortured him. They searched the rooms of his house, abused the ladies of the house and took Rs.10,000 as well as ornaments of gold from the house. They also took Habib ur-Rehman, brother of the complainant with the intention to abduct him; that the accused also intruded into other houses of the village and also took Bisharat Ali, Wazir, Sadaqat, Ehsan and Shehzad with them and wisked away to some unknown placo. That on the next morning the P.Ws. reached at Police Post Samanabad and saw the accused torturing Habib-ur-Rehman there. The record produced before this Court reveals that during the investigation/ inquiry conducted by D.S.P. Range Crimes, Faisalabad and A.S.P. Saddar, Faisalabad, petitioners were found guilty. The opinion of both the investigating officers is that petitioners are very much involved in this case. The record of this case also reveals that the petitioners never bothered to get the protection of law for almost one year but succeeded in obtaining the affidavits of prosecution witnesses wherein they have exonerated the accused. Thereafter they moved application before Sessions Court for the grant of pre-arrest bail but the same relief was denied and the impugned order passed. The conduct of petitioners itself show that they being police official are in a position to tamper with the prosecution evidence. The duty of the police officer is to protect life, honour and property of the citizens and not to loot them. The facts narrated in the F.I.R. are sufficient to show that the petitioners and their co-accused are involved in the commission of offence in which innocent citizens have been deprived of their such rights/liberties. The statements of witnesses recorded during the investigation clearly show that accused while trespassing into their house, illegally searched the house, abused the ladies, illegally detained the P.Ws. at the police post as well and taken away the belongings of the complainant party during the illegal search of the house. Learned counsel for the petitioners has failed to show any mala fide on the part of complainant/prosecution agency qua the false involvement of the petitioners. It is also apparent from the record that all the prosecution witnesses have not pardoned the petitioners. Thus the stand of learned counsel with regard to the compromise of the parties also stands belied by the data available on the record. No ground for grant of pre-arrest bail is made out. This petition having no merits stands dismissed. H.B.T./A-596/L Petition dismissed.