Law: Pakistan Penal Code (PPC),1860

Section: 337-A(ii)/34

Summary The petitioner sought pre-arrest bail in a cross-version of an FIR under Section 337-A(ii)/34 PPC. He argued false implication and mala fide, while the prosecution maintained that he had a specific role in causing a head injury to the complainant. The Court found that the MLR corroborated the allegations, no mala fide was established, and pre-arrest bail—being an extraordinary relief—was not justified. Consequently, the bail petition was dismissed and the interim bail was recalled. Legal Core Points Pre-arrest bail is an extraordinary and equitable relief, granted only where mala fide or abuse of process is established. The petitioner was specifically nominated with the role of causing a head injury, supported by the Medical Legal Report (MLR). The injury was declared Shajjah-i-Mudihah under Section 337-A(ii) PPC, corroborating the prosecution's version. The Court held that prima facie tangible evidence connected the petitioner with the offence. Mere plea of false implication in a cross-version was insufficient without proof of mala fide. Reliance was placed on Gulshan Ali Solangi v. State (2020 SCMR 249) and Kamran Ataullah v. State (Criminal Petition No.149-K of 2020), emphasizing that pre-arrest bail should not obstruct investigation. Result: Pre-arrest bail refused; ad-interim bail recalled.         ORDER SHEET Through the instant Crl. Misc., petitioner (Muhammad Imran)  is seeking pre-arrest bail in cross version of crime reported in FIR No.28, dated 02.01.2022, under Section 337A(ii)/34 PPC  registered with P.S, Golra, Islamabad.  It is a case of cross-version. The FIR stood registered on the complaint of Mst. Ayesha Jameel wherein respondent No.2-Sheraz Ashraf (complainant of cross version) has been arrayed as an accused while in the cross-version got registered by the latter there are three accused persons namely Safeer Ahmad and his two sons Jameel and Imran (petitioner). Sheraz Ashraf respondent No.2/accused of FIR case and Jameel, accused of cross version have already been admitted to pre-arrest bail while petitioner Imran had been denied the same concession by the Addl. Sessions Judge…