2017 PLP 154 (YLRN)

QAZI MUHAMMAD AMIN AHMED, J.

Dr. Muhammad Aslam Khan, Arslan Khan and Muhammad Umair, petitioners herein, apprehending their arrest in a case registered vide FIR No.45 dated 23-1-2016 under sections 337 A(i), (iii), 337 F(v), 148, 149 of the Pakistan Penal Code, 1860 with Police Station Chehlyak, Multan on the complaint of Muhammad Faisal Khan, seek bail in anticipation thereto. It is alleged that on the eventful day i.e. 20-1-2016 at about 9:00 p.m. they accompanied by their co-accused, confronted the complainant within District Court premises, in front of the Court of an Additional Sessions Judge, where they had gone to attend proceedings as accused in a bail petition; Shoaib co-accused dealt a pistol butt blow to the complainant, who felled on the ground when Muhammad Aslam petitioner hit his nasal bone with repeated blows of knuckle duster; the witnesses attempted to intervene when Muhammad Ali alias Muaavia, with an iron rod assaulted Sarfraz PW on the left side of his hand whereafter all the accused thrashed Sarfraz Khan as well as Amjad Khan PWs; the incident was reported same day, however, formal First Information Report was recorded on 23-1-2016 after receipt of report of the Radiologist. The petitioner side came up with a counter version wherein they relied upon injuries sustained by Muhammad Ali alias Muaavia and Bilal Hussain, co-accused; they were also medically examined on 22-1-2016 under a police docket, pursuant to a magisterial order of even date; injuries sustained by them comprised of contusion, laceration and an incision. As the investigation progressed, Dr. Muhammad Aslam Khan was found present at the spot by Muhammad Akram Sub-Inspector; he was, however, given a clean chit with regard to the allegation of infliction of injury with knuckle duster whereas second Investigating Officer Zafar Iqbal, ASI held him responsible for causing fracture of nasal bone albeit with fisty blows. In this backdrop, after their failure in the Court of Session, judicial protection by way of grant of anticipatory bail is being prayed for on the ground of occupational/social status of Dr. Muhammad Aslam Khan petitioner as well as on the basis of injuries sustained by two of the co-accused, suppressed by the prosecution. As, misfortunes never come alone, Dr. Muhammad Aslam Khan petitioner got embroiled in yet another case registered on the complaint of Ahlmad of the learned Additional Sessions Judge, as he submitted a bond as a surety for Arslan Khan, his son and co-accused, supported by a registered sale deed in respect of an immovable property, already alienated by him in favour of his family members; through a separate petition, he seeks bail in anticipation thereto as well.

2. Heard. Record perused.

3. Ever since the advent of Hidayat Ullah Khan's case (PLD 1949 Lahore 21), protection of anticipatory bail is extended in criminal cases actuated by mala fide through abuse of process of law; the view is being consistently followed till date and no distinction is drawn amongst the citizens on the basis of their status or occupational background. Every citizen regardless of his station in life is subject to law, entitled to equal protection thereof. Claimants of a nobler or a higher positions are under a heavier onus to uphold and respect the law; as is held by this Court in the case of Sakhawat Ali v. Khalid Mehmood and 7 others (PLD 1994 Lahore 377), relevant portion whereof, is advantageously reproduced below:- "The fact that respondent No.1 is M.B.A. student or that respondent No.2 is an Advocate, per se, is not sufficient to entitle them to the concession of pre-arrest bail. Law does not make any distinction on the basis of caste, creed, colour or status or citizens and treats them equally. Even a street-hawker or a labourer who earns his livelihood through honest work is highly respectable. Pre-arrest bail is not the privilege or prerogative of the high officials, politicians, landlords, businessmen or other persons enjoying worldly status or positions." Therefore, argument that the learned Additional Sessions Judge erred in declining protection to the petitioner and his co-accused, is beside the point. Though every criminal case is to be decided, independently on the basis of its own facts and circumstances, however, filing of a bail bond by the petitioner, supported by an instrument that turned out invalid, in this very case, is a circumstance that cannot be lost sight of while attending his plea for an equitable relief. Though two different Investigating Officers are not in a unison on petitioner's alleged culpability, however, the witnesses including the injured are pointing their accusing finger on him unreservedly for an injury which is designated as Shajjah-i-Hashimah, therefore, in the absence of any malice or mala fide visibly lurking behind the intended arrest, petitioner's plea cannot be visited with approval. Consequently, ad-interim bail already granted to Dr. Muhammad Aslam Khan, petitioner is recalled; Crl. Misc. No.2185-B/2016 to his extent stands dismissed. However, case of Arslan Khan and Muhammad Umair, petitioners is on somewhat different footing, injuries assigned to them are scheduled as bailable, therefore, ad-interim bail already granted to them is confirmed on their furnishing bonds in the sum of Rs.100,000/- with one surety each in the like amount to the satisfaction of the learned trial Court. JK/M-188/L Petition dismissed.