2020 P Cr (PLP)

ALI BAIG, J.

Through the instant pre-arrest bail petition filed under section 498, Cr.P.C., the petitioner/accused namely Sherbaz Ali son of Ghulam Nabi has sought pre-arrest bail in case FIR No.108/2019 dated 03-10-2019 registered under sections 337-A and 506(ii), P.P.C. at Police Station Danyore at the instance of one Asad Ullah, the complainant.

2. Briefly allegations against the petitioner/accused as narrated in the FIR lodged by the above named complainant are that the complainant had bought one kanal land situated at Saeed Abad Danyore from the petitioner/accused in the year 2010. The complainant had started to construct house on the aforesaid land. On 03-10-2019 the complainant was busy in construction work of house at the place of occurrence, in the meanwhile the accused/petitioner along with his unknown co-accused appeared at the scene of occurrence and belabored the complainant with club, sticks and stones, resultantly the complainant sustained injuries on his head.

3. It would not be incongruous to mention here that earlier the petitioner/accused had filed an application under section 498, Cr.P.C. for grant of pre-arrest bail in the court of the learned Additional Sessions Judge Gilgit, which was dismissed by the learned Additional Sessions Judge Gilgit vide order dated 24-10-2019, hence this petition.

4. The learned counsel for the petitioner/accused contended that the accused/petitioner is innocent and has falsely been implicated in this Court with mala fide intention to humiliate the petitioner in the society. The learned counsel for the petitioner further argued that there is a civil litigation between the petitioner and complainant in the Court of Civil Judge Danyore, therefore the complainant has falsely implicated the petitioner in this case with ulterior motive to harass the petitioner. The learned counsel for the petitioner further argued that section 337-A is bailable and section 506(ii) does not attract to the case of the petitioner, hence the petitioner is entitled for concession of pre-arrest bail.

5. On the other hand the learned Dy. Advocate and learned counsel for the complainant vehemently opposed this petition by contending that the petitioner/accused is directly charged in the promptly lodged FIR with specific role. The learned Dy. Advocate General and counsel for the complainant further argued that the petitioner has beaten the complainant and he has received injuries therefore, the petitioner is not entitled for extra ordinary concession of pre-arrest bail.

6. I have given my anxious consideration to the submissions made by the learned counsel for the parties and perused the record with their able assistance.

7. Admittedly, a civil litigation between the parties is pending in the Court of Civil Judge 1st Class Danyore as evident from the application filed by the petitioner against the complainant under Order XXXIX, Rule, 2(3) read with sections 94/151, C.P.C. as the complainant has purchased one kanal land from the petitioner at Danyore Gilgit, thus false implication/involvement of the petitioner/accused cannot be ruled out. However, without commenting upon the merits of case so that it might not prejudice the case of either of the parties, I am of the considered view that the petitioner has made out a case of further inquiry within the parameters of section 497(2), Cr.P.C. read with section 498, Cr.P.C. Moreover, section 337-A, P.P.C. is bailable and section 506 (II) does not fall within the ambit of prohibitory clause of section 497, Cr.P.C., hence the petitioner is entitled for concession of pre-arrest bail.

8. In view of above discussion this petition is allowed consequently, I confirm ad-interim pre-arrest bail already granted to the petitioner vide order dated 24-10-2019 of this Court subject to his furnishing fresh bail bonds in the sum of Rs.2,00000/- (two lac) with two sureties each in the like amount to the satisfaction of any Judicial Magistrate at Gilgit.

9. Before parting with this order the petitioner is strictly directed to join investigation and corporate with the investigating agency failing which the prosecution would be at liberty to file bail cancellation petition against the petitioner/accused in this Court. SA/190/GB Pre-arrest bail granted.