| Case ID |
31dc9c22-c34a-4fa8-a568-6a6b72736a87 |
| Body |
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| Case Number |
Criminal Misc. No. 167299-B of 2018 |
| Decision Date |
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| Hearing Date |
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| Decision |
Ad-interim bail already granted to the accused persons was confirmed accordingly. The court observed that there was a delay of three days in lodging the FIR without any explanation from the complainant, indicating that the FIR might have been filed after due deliberation and consultation. The allegations stated that petitioner Mashooq Ali and petitioner Habib-ur-Rehman were implicated in causing injuries to the complainants using firearms. However, the investigation revealed that both petitioners were present at the scene empty-handed and did not cause any injuries; instead, their co-accused, Laddo, was responsible for the injuries. The court noted that while the police opinion is not binding, it can be considered when deciding bail applications. Given the two conflicting versions—the complainant's allegations and the investigation's findings—the court decided to confirm the ad-interim bail, allowing the petitioners to remain free until the trial court records the evidence and determines the veracity of each version. The decision ensures that the petitioners, being previous non-convicts and not required for any recovery by the police, are not unnecessarily detained, facilitating their release on post-arrest bail after fulfilling the required conditions. |
| Summary |
In the landmark case Criminal Misc. No. 167299-B of 2018 adjudicated by the Lahore High Court, the petitioners Mashooq Ali and Habib-ur-Rehman sought pre-arrest bail under Section 498 of the Criminal Procedure Code (V of 1898) and Sections 148, 149, and 324 of the Pakistan Penal Code, 1860. The case revolves around allegations of attempted murder (qatl-i-amd) and common object, stemming from FIR No.589/2017 filed on December 16, 2017, at Police Station Sahianwala, District Faisalabad. The petitioners were accused of inflicting injuries using firearms; however, the investigation revealed discrepancies between the complainant's allegations and the findings. Specifically, while the FIR implicated the petitioners directly, the investigation disclosed that they were present at the scene without any weapons, and it was their co-accused, Laddo, who caused the injuries. The court noted the three-day delay in lodging the FIR, suggesting potential deliberation by the complainant, and highlighted that the injuries were medically classified under Section 337-F(i), P.P.C. The petitioners, being non-convicts and not essential for police recovery efforts, were deemed not necessary to detain pre-trial. Referencing the precedent set in Ehsan Ullah v. The State 2012 SCMR 1137, the court confirmed the ad-interim bail, mandating the petitioners to furnish bail bonds of Rs.1,00,000 each with sureties, subject to the satisfaction of the trial court or area magistrate. This decision underscores the court's commitment to ensuring justice by balancing the rights of the accused with the interests of the prosecution, emphasizing the necessity of evidence-based evaluations in bail considerations. The case highlights key legal principles related to pre-arrest bail, burden of proof, and the importance of impartial investigations in the Pakistani legal system. By ensuring that bail decisions are grounded in thorough investigations and equitable considerations, the Lahore High Court reinforces the foundational legal standards that safeguard against unwarranted detentions, thereby promoting a fair and just legal process. This case serves as a crucial reference for future bail applications, emphasizing the need for clear evidence and the protection of individual liberties within the framework of Pakistani criminal jurisprudence. |
| Court |
Lahore High Court
|
| Entities Involved |
Muhammad Riaz,
Habib-ur-Rehman,
Mashooq Ali,
Muhammad Amir,
Laddo
|
| Judges |
ABDUL SAMI KHAN, JUSTICE
|
| Lawyers |
Sardar Shahid Hafeez,
Muhammad Irfan Zia, Deputy Prosecutor-General,
Ijaz, S.I. with record,
Ch. Hamid Mehmood
|
| Petitioners |
MASHOOQ ALI
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 2755,
2018 PCRLJ 137
|
| Other Citations |
Ehsan Ullah v. The State 2012 SCMR 1137
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
148,
149,
324
|