IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE IJAZ UL AHSAN 
MR. JUSTICE SAJJAD ALI SHAH 
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
 
CRIMINAL PETITION NO. 145-L OF 2021 
(On appeal against the order dated 20.01.2021 passed by 
the Lahore High Court, Lahore in Crl. Misc. No. 33500-
B/2020) 
 
Dildar Ahmad 
… Petitioner 
VERSUS 
The State etc 
… Respondents 
 
For the Petitioner: 
Mian 
Muhammad 
Saeed, 
ASC 
a/w 
petitioner in person 
 
For the State: 
 
Ch. Muhammad Sarwar Sidhu, Addl. P.G. 
 
For the Respondent (2): Mr. mansoor-ur-Rehman, ASC 
 
Date of Hearing: 
 
04.11.2021 
 
ORDER 
 
SAYYED MAZAHAR ALI AKBAR NAQVI, J.- Through the instant 
petition under Article 185(3) of the Constitution of Islamic Republic of 
Pakistan, 1973, the petitioner has assailed the order dated 
20.01.2021 passed by the learned Single Judge of the Lahore High 
Court, Lahore, with a prayer to grant pre-arrest bail in case 
registered vide FIR No. 336/2020 under Sections 337-F(v)/34 PPC 
at Police Station Satrah, District Sialkot, in the interest of safe 
administration of criminal justice. 
2. 
 
As per the contents of the crime report, on the fateful 
day and time, the petitioner was digging pits in the state land and 
mixing them in his own land. When the complainant forbade the 
petitioner from doing so, the petitioner got infuriated and called his 
co-accused and upon their arrival he gave ‘kassi’ blow on the right 
arm of the complainant, due to which his arm was fractured.  
3. 
 
At the very outset, it has been argued by learned 
counsel for the petitioner that the petitioner has been falsely roped in 
this case against the actual facts and circumstances of this case due 
CRIMINAL PETITION NO. 145-LOF 2021 
2
to connivance of the complainant with local police. Contends that in-
fact the complainant party was the aggressor and in the incident 
five injuries were caused to the petitioner, which were suppressed, 
and as the complainant is a Police constable, the cross-version of the 
petitioner could not be registered. Contends that the petitioner was 
also got medically examined and the factum of receiving injuries on 
his person has been proved. Contends that the injured-complainant 
was re-examined by a Medical Board, which has found that so far 
as the injury on his person is concerned, the possibility of fabrication 
cannot be ruled out. Contends that the offence does not fall within 
the prohibitory clause of Section 497 Cr.P.C. and the challan has 
already been submitted before the Trial Court, therefore, the 
petitioner deserves the concession of pre-arrest bail. 
4. 
 
On the other hand, learned Law Officer assisted by the 
learned counsel for the complainant defended the impugned order 
whereby pre-arrest bail was declined to the petitioner. They 
contended that the report of the Medical Board dated 05.08.2020 
was challenged before the Provincial Standing Medical Board, 
Lahore, and it was found that there is no possibility of fabrication so 
far as the injury ascribed to the petitioner is concerned, therefore, 
the petitioner does not deserve any leniency by this Court.  
5. 
 
We have heard learned counsel for the parties at some 
length and have perused the record with their assistance.  
 
 
As per the contents of the crime report, the allegation 
leveled against the petitioner is that he caused ‘kassi’ blow on the 
right arm of the complainant due to which it got fractured/broken. 
The complainant was firstly medically examined on 29.06.2020 by a 
Medical Officer of Rural Health Clinic, Satrah, and then was re-
examined by the District Standing Medical Board on 05.08.2020, 
which clearly opined that considering the nature and locale of injury, 
the possibility of fabrication cannot be ruled out. Although, the case 
of the complainant was re-examined by the Provincial Standing 
Medical Board for the third time but on our specific query, we have 
been informed that the complainant had not appeared before it for 
his examination for the third time. It is the case of the petitioner that 
in-fact the complainant party was the aggressor and during the 
occurrence, the petitioner has also received as many as five injuries 
CRIMINAL PETITION NO. 145-LOF 2021 
3
on different parts of his body, which are detailed in the medico legal 
report available at page 30 of the paper book. Prima facie the 
injuries sustained by the petitioner were suppressed. In these 
circumstances, a prima facie doubt has arisen qua the authenticity 
of the prosecution’s case. It has been held by the superior courts 
from time to time that benefit of doubt, if established, can be 
extended even at bail stage. Reliance is placed on Samiullah Vs. 
Laiqzada (2020 SCMR 1115) & Muhammad Faisal Vs. The State 
(2020 SCMR 971). In these circumstances, it seems more 
appropriate and justiciable to decide the truthfulness of the 
accusation by the Trial Court after recording of evidence. The challan 
has been submitted before the Trial Court and the offence does not 
fall within the prohibitory clause of Section 497 Cr.P.C. Keeping in 
view all the facts and circumstances, the case of the petitioner 
squarely falls within the purview of Section 497(2) Cr.P.C. entitling 
for further inquiry into his guilt.  
6. 
 
For what has been discussed above, we convert this 
petition into appeal, allow it, set aside the impugned order dated 
20.01.2021 and confirm the ad interim pre-arrest bail granted to the 
petitioner by this Court vide order dated 04.10.2021.  
 
 
 
 
 
 
 
JUDGE 
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the  
4th of November, 2021 
Approved For Reporting 
Khurram 
 
 
 
 
 
