2005 PLP 632 (YLR)

Muhammad Ahsan Bhoon for Respondents Nos.1 to

3. Abdul Majeed Chishti and Sarwar Ali, A.S.‑I. for the State. The petitioner, by filing the instant petition, seeks cancellation of pre‑arrest bail allowed to respondents Nos.1 to 3 by the learned Additional Sessions Judge, Okara vide order, dated 1‑11‑2003, in the cross‑version recorded in case F.I.R. No. 96 of 2003, dated 24‑7‑2003, registered with Police Station Okara Cantt., for offences under sections 324, 430, 148, 149, P.P.C. The cross‑version had been recorded under section 324, 148, 149, P. P. C.

2. I have heard the learned counsel for the parties as well as the learned State counsel and have also gone through the record brought by Sarwar Ali, A.S.‑I.

3. The respondents, namely, Muzammil Hussain, Jamshaid Akhtar and Zameer Iqbal alias Jeeri had been attributed specific roles in the cross‑version. Muzammil Hussain was allegedly armed with a .12‑bore shotgun, Jamshaid Akhtar with carbine and Zameer Iqbal alias Jeeri, with a Sota. The roles played by them had also been fully mentioned in the said cross version. It was alleged that Muzammil Hussain fired with his shotgun causing injuries to Yasin on his left buttock and left thigh. Jamshaid Akhtar, who was allegedly armed with a carbine, was alleged to have fired with his weapon causing inquiry to Ali Sher on his face and right side of the head, whereas Zameer Iqbal alias Jeeri caused Sota blows to Muhammad Rafiq on various parts of his body. The Medico‑legal certificates of Muhammad Rafiq, Ali Sher and Muhammad Yasin, which have been annexed with this petition as Annexures `B', `E' & `F', respectively, prima facie corroborate the account as given in the cross‑version. The statements of the eye witnesses named therein under section 161, Cr.P.C. also fully implicated the present respondents. In view of this overwhelming material available against the respondents, the observation, while granting pre‑arrest bail to them, by the learned Additional Sessions Judge that they have not been attributed any specific role is absolutely untenable. There is substance in the argument of the learned counsel for the petitioner that extraordinary relief of pre -arrest bail could not have been granted to the respondents especially in the absence of any specific mala fides against the police. The respondents were armed with lethal weapons, which they effectively used. The reliance placed by the learned counsel for the respondents on an alleged complaint filed by Ali Sher, injured P.W. in the cross‑version to the effect that the incident had not taken place as alleged in the cross-version does not help him at all, inasmuch the said complaint had been dismissed and no effort had been made to file an appeal or revision. On the other hand, it appears that after obtaining pre‑arrest bail, the respondents had been trying to suborn the prosecution evidence and filing of complaint by Ali Sher might have been a result of undue pressure having been exerted on him. I have been told by the learned counsel for the petitioner that later on Ali Sher is stated to have filed a Constitutional petition in this Court, wherein he had stated that he had been forced to file a complaint by the respondents.

4. Keeping in view the nature of allegations and peculiar facts and circumstances of the case, especially when the injury suffered by one of the P.Ws., namely, Muhammad Rafiq son of Shahadat Ali resulted in amputation of his leg, I have no hesitation in observing that the learned Additional Sessions Judge failed to apply the well‑established principles governing the grant of pre‑arrest bail especially in cases entailing capital punishment.

5. Resultantly, I allow this petition and recall the bail granting order, dated 1‑11‑2003 passed by the learned Additional Sessions Judge, Okara.

6. Before parting with this order, I would like to make it clear that observations made hereinabove are tentative in nature and are not designed to influence the course of trial as also any post‑arrest bail application, which the respondents may like to move. H.B.T./M‑771/L Bail cancelled.