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Criminal Miscellaneous Nos. 147-B and 254-B of 1983, decided on 15th March, 1983.
--S. 497 (5)-Penal Code (XLV of 1860), S. 325, 452, & 149-Bail, cancellation of--Bail before arrest allowed to accused as no grievous injuries specifically attributed to anyone in F. I. R.---Held, F. I. R. not last word of prosecution-Court while deciding plea for pre-arrest bail to look into statements of witnesses recorded under S. 161, Cr. P. C.--- Pre-arrest bail an extraordinary concession, to be given in exceptional cases-Pre-arrest bail of accused attributed injuries in statements under S. 161, Cr. P. C. cancelled and of those not caused any grievous injury, upheld.-[First Information Report].
Irshad Hussain Jafary and Malik Zafar Mahmood Anjum for Petitioner.
Iqbal Abid for the State.
This is an application for the cancellation of bail granted to Muzammal Hussain, Tariq, Zahid, Allah Ditta and Muhammad Ashraf respondents by Additional Sessions Judge, Sahiwal, on 2-12-1982 in a case under section 325/452/148/149, P. P. C. registered at P. S. Chichawatni, vide F. I. R. No. 254, dated 27-7-1982.
2. The prosecution case is that the respondents in furtherance of their common object launched attack upon Khaliq, Muhammad Sharif, Lal Din, Muhammad Ashraf and Muhammad Akram and caused as many as 22 injuries to them; Mr. Jaccob Issac, the learned Additional Sessions Judge, Sahiwal after having adjourned the application for pre-arrest bail for more than 4 months granted pre-arrest bail to the respondents on the ground that the grievous injuries were not specifically attributed to any one.
3. The learned counsel for the petitioner submits that it was not a fit case for the grant of pre-arrest bail and that grievous injuries have been specifically attributed to Muzammil and Muhammad Ashraf respondents.
As against this, the learned counsel for the respondents submit that in the F. I. R., grievous injuries have not been specifically attributed to anyone and as such no exception can be taken to the order of the learned Additional Sessions Judge allowing pre-arrest bail to the respondents.
4. After hearing the learned counsel for the parties and going through the record I find that in statements of the witnesses recorded by the police under section 161, Cr. P. C. grievous injuries found on the person of Khaliq and Lal Din P. Ws. have been specifically attributed to Muzammil and Muhammad Ashraf, respectively. Since F. I. R. is not the last word of prosecution, the learned Additional Sessions Judge while deciding the plea for pre-arrest bail should also have looked into the statements of the witnesses recorded under section 161, Cr. P. C. It is well-settled that pre-arrest bail is an extraordinary concession which has to be given in exceptional cases, To my mind, the case of Muzammil and Muhammad Ashraf respondents, in the circumstances of the case do not fall in those exceptional cases and as such I am of the view that pre arrest bail to Muzammil and Muhammad Ashraf respondents has been granted without legal and factual justification and is accordingly cancelled. They are directed to surrender before the S. H. O., P S Chichawatni or before the trial Court immediately.
5. As for rest of the respondents namely, Zahid, Tariq and Allah Ditta, since they have not caused any grievous injury to anyone, I am not inclined to interfere with the pre-arrest bail granted to them.
M. A. K. Order accordingly.
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