Imran Ahmad Khan Niazi vs State Ss — 2025 PCrLJ 48 LAHORE-HIGH-COURT-LAHORE

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Imran Ahmad Khan Niazi VS State Ss. 497(2) & 498---Penal Code (XLV of 1860), Ss. 353, 186, 212, 506(ii), 172, 173, 174, 148 & 149---Assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of his public functions, harbouring offender, criminal intimidation, avoiding service of summons or other proceeding, preventing services of summons or other proceeding or preventing publication thereof, non-attendance in obedience to an order from public servant, rioting armed with deadly weapon, unlawful assembly---Pre-arrest bail, confirmation of---Further inquiry---Gist of allegations in FIR transpired that SI/SHO Police Station concerned along with police contingent approached the residence of the petitioner in order to effect his arrest in execution of arrest warrants issued by Court in a complaint dated 03.11.2022 under Ss.167/173 of Elections Act, 2017 but faced resistance offered by a mob of 100/150 persons present outside the residence of the petitioner and thereby criminal force was used with intent to prevent or deter him from discharging his duty as public servant, and he was not allowed to effect arrest of the petitioner---Prosecution contended that it was done on the direction and instigation of the petitioner as reflected from a live press conference conducted by the petitioner in that respect later in the day---Prosecutor had submitted that accused had deliberately avoided the execution of warrants of arrest, therefore, committed offences mentioned in the FIR---However, it was apparent that sufficient material was not available on the record in support of allegations against the petitioner at present stage of the proceedings and propensity of police to take a shortcut by registering FIR instead of following the legal process was reflective of mala fide on their part, when law permitted them to file a report before the concerned judge with a complaint under Ss.172, 173, 174, P.P.C, against the petitioner for alleged disobedience to order of the Court---When an accused is arrested in execution of a warrant of arrest issued from outside jurisdiction, police is bound to produce the accused before the concerned Magistrate under S.86 of Cr.P.C. for reporting his execution of duty in accordance with law and in such situation Sessions Judge is authorized to grant 'an interim post arrest bail' to the arrested accused, if the offences are non-bailable, on furnishing surety by the accused to appear before the Court concerned on the date fixed---Thus, it was apparent that very registration of FIR was result of mala fide against the petitioner probably due to political victimization---Mala fide being a state of mind cannot always be proved through direct evidence, and it is often to be inferred from the facts and circumstances of the case---While deciding pre-arrest bail application merits of the case can also be touched upon and question of further inquiry can be stretched at such stage as well---Apparently petitioner had made out a case for grant of pre-arrest bail on the touch stone of further inquiry---Petition was allowed and ad-interim pre-arrest bail already granted to the petitioner was confirmed, in circumstances.

Imran Ahmad Khan Niazi vs State Ss — 2025 PCrLJ 48 LAHORE-HIGH-COURT-LAHORE

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