MUHAMMAD IJAZ vs State Ss — 2022 SCMR 1271 SUPREME-COURT

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MUHAMMAD IJAZ VS State Ss. 497 & 498---Constitution of Pakistan, Art. 185(3)---Pre-arrest/post-arrest bail---Benefit of doubt---Scope---Benefit of doubt, if established, can be extended even at bail stage. Head NotesCase Description Citation Name: 2022 SCMR 1271 SUPREME-COURTBookmark this Case MUHAMMAD IJAZ VS State Ss. 498 & 497(2)--- Penal Code (XLV of 1860), Ss. 337-A(i), 337-F(vi) & 34---Constitution of Pakistan, Art. 185(3)---Causing a fracture injury by an iron rod---Pre-arrest bail, grant of---Further inquiry---Cross-version FIRs---Possibility of false implication---Prosecution case doubtful---In the present case, admittedly the FIR was registered after a delay of three days for which no plausible explanation had been given---Case of the accused was that the complainant party was the aggressor and in the incident the accused had also sustained injuries on his head, nose and left arm, which were suppressed---Accused was medically examined on the same day and the medico legal examination certificate confirmed the factum of receiving injuries by the accused---Accused immediately approached the police for registration of FIR and after much effort his cross-version was recorded and the complainant's son had been found guilty in cross-version---Complainant's son was medically examined after three days of the occurrence and for such delay no plausible explanation had been given---Previously an FIR was registered against the accused, by the complainant party but the same was cancelled---Keeping in view such aspect of the matter that the previous registration of case was proved to be false and was recommended for cancellation coupled with the fact that the medico legal examination of the complainant's son was conducted after three days of the incident and the injuries caused to the accused were suppressed, the possibility of implicating the accused in the present case with mala fide intention could not be ruled out---Offence under section 337-A(i), P.P.C. was bailable in nature whereas the offence under section 337-F(vi), P.P.C. did not fall within the prohibitory clause of section 497, Cr.P.C.---In these circumstances, a prima facie doubt had arisen qua the authenticity of the prosecution's case---Case of the accused squarely fell within the purview of section 497(2), Cr.P.C. requiring further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and accused was granted pre-arrest bail. Head NotesCase Description Citation Name: 2022 SCMR 1271 SUPREME-COURTBookmark this Case MUHAMMAD IJAZ VS State S. 498---Constitution of Pakistan, Art. 185(3)---Pre-arrest bail---Merits of the case---Merits of the case can be touched upon while granting pre-arrest bail. Head NotesCase Description

MUHAMMAD IJAZ vs State Ss — 2022 SCMR 1271 SUPREME-COURT

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