2002 PLP 3567 (YLR)

Syed Zahid Hussain Bokhari for the Complainant. Tariq Mehmood for the State. Date of hearing: 15th October, 2001. By this order two petitions for pre arrest bail moved by Abdul Wahid, Muhammad Ramzan, Mst. Sarwar Sultana, Muhammad Saeed, Zahid and Shahid are being disposed of together as both have been moved in case bearing F.I.R. No.454 of 2001 dated 6‑9‑2001, registered with Police Station `B' Division, Sheikhupura, under sections 380, 448,427,148, 149, P.P.C. for the allegations that the petitioners on 6‑9‑2001 got vacated the disputed shop at pistol‑point, broke the articles lying in the shop and looted cash amount. The case was got registered by Liaqat Ali who paid an amount of Rs.5,00,000 to Mst. Sarwar Sultana petitioner and an amount of Rs.24,000 to Abdul Wahid in advance and obtained the shop on rent @ Rs.4,000 per month which was to be deducted from the advance money and he started running the business of garments with the name of Baby Care Garments.

2. Learned counsel for the petitioners mainly argued that as per settlement the complainant himself handed over the possession and in connivance with the police got this false case registered with mala fide intention; that the matter was patched up through arbitrators; that petitioner Abdul Wahid and his wife Sarwar Sultana are old and they were not present at the spot; that handing over of the possession of the disputed shop to the landlord was seen by many witnesses in the locality and that the dispute is of civil in nature, therefore, it is a fit case for pre arrest bail.

3. On the other hand learned counsel for the complainant at the very outset submitted that he does not oppose the bail matter to the extent of Mst. Sarwar Sultana, who is an old lady; that the possession of the shop was obtained forcibly in the day light and this incident was witnessed by the witnesses that the petitioners are named in the F.I.R; that the investigation conducted on the basis of arbitrators is not permitted under the law and that the petitioners failed to point out the mala fide on the part of the complainant, therefore, it is not a fit case for bail.

4. So far as Mst. Sarwar Sultana and Abdul Wahid, petitioners are concerned, both appear to be aged persons. Bail petition to the extent of female accused has not been opposed. The perusal of record reveals that both these petitioners were found innocent during the investigation of this case vide Zimni dated 12‑10‑2001 recorded by S.D.P.O. City Sheikhupura, so to their extent interim pre‑arrest bail already granted is confirmed subject to their furnishing fresh bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned Sessions Judge, Sheikhupura.

5. So far as the other petitioners are concerned they are named in the F.I.R. with the allegation of trespassing into the shop, breaking the articles and committing theft of articles lying in the shop, certainly recovery has yet to be effected, therefore, to the extent of petitioners named Muhammad Rizwan, Muhammad Saeed, Zahid and Shahid, it is not a fit case for pre‑arrest bail.

6. As a consequence of it the interim relief already granted to them is recalled and to their extent both the petitions are hereby dismissed. H.B.T./A‑645/L Petition dismissed.