' MUHAMMAD NASEEM CHAUDHRY, J.--- On 20-5-1998 the elections to the Local Councils Punjab were held. Ghulam Rasul complainant went at 9-30 a.m. To Government Girls School Amar Kot along with his brother Muhammad Habib Ahmad to cast the votes. Abdul Ghani accused armed with .303 rifle, his son Zulfiqar armed with a .222 rifle and Muhammad Akram accused armed with a .12 bore gun were present there. An altercation took place due to the casting of votes. Abdul Ghani is said to have raised the Lalkara to teach the complainant party a lesson as they wanted to vote for the opponent candidate. On that Zulfiqar accused fired which hit Muhammad Habib Ahmad on his left temporal region of the skull who fell down. Abdul Ghani and Muhammad Akram affected the indiscriminate firing. In the meanwhile Muhammad Sher and Mushtaq Ahmad alias Papoo as well as many persons arrived who saw the occurrence. The accused persons made good their escape.
Muhammad Habib Ahmad injured was removed to the Rural Health Centre Khanka Dogran who was examined by Dr. Abbas Ali Zahid, Medical Officer, on 20-5-1998 at 10-30 a.m.
2. About the occurrence F.I.R. No,177, dated 23-5-1998 was got registered by Ghulam Rasul complainant under section 324/34, P.P.C. At Police Station Khanka Dogran.
3. The medical witness found lacerated wound bone deep in an area of 0.6 c.m. x 0.5 c.m. On the left temporal region of the skull. The wound was found to be 1.1 c.m. Deep and the margins of the wound were inverted. There was no wound of exit. Two X-Rays skiagrams were obtained by the medical witness who did not find any boney lesion in the skull. The aforesaid injury was declared as Shajjah-i-Mudiha.
4. At one stage Mr. Arshad Javed, Additional Sessions Judge-I, Sheikhupura was working as the Judge Suppression of Terrorist Activities, Sheikhupura. The petitioners filed their application for their admission to pre-arrest bail on 26-5-1998 which was withdrawn on 6-6-1998. Another petition of the same nature was filed on 11-7-1998 which was dismissed as withdrawn on 31-7-1998. Third application was moved on 4-8-1998 which was dismissed in default on 15-8-1998. Another application was filed on 17-8-1998 which was dismissed on 7-9-1998. The next application was filed on 9-9-1998 which was withdrawn on 28-9-1998. Thus, in every application interim relief was recalled on the date of the dismissal of petition. On 29-9-1998 the application for pre-arrest bail was moved before Mr. Mujahid Hussain Sheikh, Additional Sessions Judge-I/Judicial Special Court for Suppression of Terrorist Activities, Sheikhupura who accepted the same on 14-10-1998 on the grounds that there is delay of three days in reporting the matter to the police: that Zulfiqar Ali accused was found to be innocent by Dr. Muhammad Amin Yousafzai, Sheikhupura and that Muhammad Habib Ullah injured did not appear before the Medical Board for second opinion in spite of the order passed by the District Magistrate, Sheikhupura. Feeling aggrieved Ghulam Rasul complainant has filed this petition for the cancellation of the pre-arrest to the aforesaid accused who has been arrayed in the list of the respondents and who have resisted this application.
5. We have heard the learned counsel for the parties as well as the learned counsel for the State. At the very outset we would express that in view of the role of ineffective firing attributed to Abdul Ghani and Muhammad Akram respondents-accused this petition to their extent was not pressed by the learned counsel for the petitioner which stands dismissed to their extent.
6. With respect to Zulfiqar Ali respondent-accused it was canvassed by the learned counsel for the petitioner-complainant that five applications for pre-arrest bail were filed earlier which were dismissed either as withdrawn or in default and that the chance was being taken by the accused persons to get the investigation of the case titled in their favor. He maintained that the injury on the person of Muhammad Habib Ullah injured could neither be self-suffered nor caused by a friendly hand and that the reasoning made by the learned trial Court in the impugned order, dated 14-10- 1998 is not enough for the admission of Zulfiqar Ali accused to pre-arrest bail who could not claim unnecessary harassm ent at the hands of the police. On the contrary the learned counsel for the respondents-accused laid the emphasis that Zulfiqar Ali was declared as innocent by the Additional Superintendent of Police whose involvement is that of further enquiry and that he has rightly been admitted to pre-arrest bail especially when Muhammad Habib Ullah injured did not appear before the Medical Board for the second opinion and that there is delay of three days in reporting the matter to the police.
7. On our query it was intimated by the Police Officer after consulting the case diary that Zulfiqar Ali was declared as innocent by the aforesaid Police Officer on the ground that the complainant party was not willing to swear on the Holy Qur'an about the bona fides of the prosecution case. Our view is that the benefit of the reluctance of the complainant is not enough to exonerate Zulfiqar Ali respondent as accused. According to the ruling published as Mst. Bashiran Bibi v. Nisar Ahmad and others PLD 1990 SC 83 the procedure of swearing on the Holy Qur'an (oath proceedings) is not applicable in criminal proceedings in view of section 163 of the Qanun-e-Shahadat, 1984. It has also been laid down in this ruling that the sanctity of the Holy Qur'an is such that it cannot be brought in oath and while disposing of the bail application it was not right/correct to countenance the procedure in the matter and that approval of such a procedure would throw the entire administration of criminal justice in to disarray due to the prevalent moral standards. I have myself expressed my sentiments in the ruling published as Hussain Ahmad alias Madni Shah v. The State 1996 PCr.0 130 (Lahore) wherein I placed the reliance on the aforesaid ruling PLD 1990 SC 83 that by adopting such a working the Investigating Officer(s) make the attempt to desecrate the Holy Qur'an who should refrain themselves therefrom lest the wrath of God may fall. As such the opinion about the innocence of Zulfiqar Ali respondent-accused expressed by the aforesaid Police Officer need not be given the weight. The non-appearance of Muhammad Habib Ullah injured before the Medical Board shall not make doubtful the prosecution case at this stage for the simple reason that the injury was on the left temporal region of the skull which could neither be self-suffered nor caused by a friendly hand. The delay in the matter of registration of the criminal case shall also not make doubtful the prosecution case in view of the alleged motive, nature of the occurrence and the explanation in the F.I.R. About the inception of the compromise between the parties which did not materialize. We hold the view that the cardinal principle for the grant of extraordinary relief of bail before arrest is that the accused, who has prayed the aforesaid type of proposed relief, is apprehending unnecessary harassm ent at the hands of the police which is lacking in the instant matter. Further, keeping in view the fact that an application for pre-arrest bail is to be disposed of under section 498 of the Code of Criminal Procedure, the assertion of the learned counsel for the respondent-accused that his involvement is a question of further enquiry falling under section 497(2) of the Code of Criminal Procedure is no ground for the admission admission of the accused to pre-arrest bail. The making of five successive applications for pre-arrest bail and dismissal thereof is a strong circumstance against the respondent-accused for his prima facie involvement in the matter. The prosecution has collected the material comprising motive, ocular evidence and the medical evidence against Zulfiqar Ali respondent-accused which has to be produced during the trial. Keeping in view the aforesaid material we hold that it was not a case for the admission of Zulfiqar Ali respondent-accused to pre-arrest bail.
8. Consequently, we accept this application, set aside the impugned judgment, dated 14-10-1998 to the extent of Zulfiqar Ali respondent-accused and cancel his pre-arrest bail.
9. Zulfiqar Ali respondent-accused has been put in the custody of Rai Nazir, A.S.-I., Police Station Khanka Dogran, District Shikhupura, for his detention in the judicial lock-up of District Jail Sheikhupura. The Police Officer may obtain his physical remand under section 167, Code of Criminal Procedure. In case the challan has been submitted and the trial has not commenced, the trial shall commence after the lapse of a period of 20 days.
Bail cancelled.