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Initializing Secure Chambers
Petitioner: MUHAMMAD ESSA VS Respondent: THE STATE and another
Court Name: Supreme Court of Pakistan Judge(s): Jawwad S. Khawaja, Amir Hani Muslim Title: MUHAMMAD ESSA vs THE STATE and another Case No.: Criminal Petition No,23-L of 2012 Criminal Miscellaneous No,12530-B of 2011 Date of Judgment:2012-02-20 Reported As: 2012 SCMR 646 Result: Bail granted
Judgment ORDER JAWWAD S. KHAWAJA, J.---The petitioner, Muhammad Essa, is one of the accused in case F.I.R. No,301 of 2011 lodged by complainant Maqbool Ahmed, under sections 337-F(i), 337-F(iii) read with section 334, P.P.C., at Police Station Qaboola Sharif, Tehsil Arif Wala, District Pakpattan. The F.I.R. Was lodged eight (08) days after the alleged injuries caused to the witness Muhammad Khalid. Even according to the prosecution, there is no explanation for this inordinate delay in lodging the F.I.R. Furthermore, even in the impugned order, it has been noted that although a medical board was constituted to examine Muhammad Khalid, he did not appear before it. 2. The offences in the case do not fall within the prohibitory clause. The reason given by the High Court for denying bail to the petitioner is that there is no malice on the part of the complainant, therefore, the concession of pre-arrest bail must be denied to the petitioner. 3. In view of the facts which are noted above and in particular the inordinate delay in lodging the F.I.R coupled with the nature of injuries, it does, prima facie, appear that the petitioner may possibly have been roped in along with the other accused as a result of malice. 4. In these circumstances, we convert this petition into appeal and allow the same. The petitioner is admitted to pre-arrest bail upon furnishing bail bonds in the sum of Rs,50000 with two sureties each in the like amount to the satisfaction of the trial Court.
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