Law: Pakistan Penal Code (PPC),1860

Section: 324, 506(II),34

Summary The petitioners sought pre-arrest bail in the cross-version of an FIR registered under Sections 324, 506(II), and 34 PPC, alleging they were falsely implicated. The prosecution alleged that the petitioners attacked the complainant with firearms and sticks, causing a gunshot injury. The Court found that the petitioners were specifically nominated, the complainant's medical report (MLC) corroborated the firearm injury, and recoveries were still pending. Relying on Supreme Court precedent, the Court held that firing at a person demonstrates the intention required under Section 324 PPC, regardless of whether the injury is on a vital or non-vital part of the body. As sufficient prima facie evidence existed, the petitioners were not entitled to the extraordinary relief of pre-arrest bail. Accordingly, the petition was dismissed and the interim pre-arrest bail was recalled. Legal Core Points Issue: Grant of pre-arrest bail in the cross-version of an FIR. Petitioners' Argument: False implication, fabricated cross-version, and case of further inquiry. Court's Findings: Petitioners were specifically nominated with assigned roles. The MLC confirmed a firearm (grazed/contact) injury, supporting the complainant's version. Recoveries of weapons were still pending. Section 324 PPC (attempt to commit qatl-i-amd) was prima facie attracted and falls within the prohibitory clause of Section 497 Cr.P.C. Legal Principle: Pre-arrest bail is an extraordinary relief and is not available where prima facie incriminating material exists. As held in 2020 SCMR 1486 (Sheqab Muhammad v. The State), once a firearm is intentionally used against a victim, the required intention under Section 324 PPC is established regardless of whether the injury is on a vital or non-vital part. Outcome: Pre-arrest bail dismissed; interim bail recalled.           ORDER SHEET  Through the instant petition, petitioners (Atif Iltaf Malik, Aaqib Manzoor, Yasir Iltaf & Rameez Gul) have prayed for pre-arrest bail in cross version of FIR No. 1133, dated 14.12.2021, under Sections 324, 506(II)/34 PPC registered at Police Station Koral, Islamabad.  According…