2011 PLP 1000 (MLD)

MUHAMMAD ATHAR SAEED, J.

In this case, pre-arrest bail application was filed against the order of the learned 1st Additional Sessions Judge, Malir, dated 28-9-2009, in Criminal Bail Application No.532 of 2009, relating to F.I.R. No.406 of 2009, registered with the Police 'Station Shah Latif Town, for the offences under sections, 324/384/448/34, P.P.C. Mr. Mehmood A. Qureshi, the learned counsel for the applicants submits that the applicant No.1 Nazeer Ahmed in this case is the complainant who had lodged F.I.R. No.405 of 2009 with Police Station Shah Latif Town against the complainant of this case for an incident which occurred on same place and at same time. He further submits that the Hon'able Supreme Court in its order in Criminal Petition for Leave to Appeal No.50-K of 2010, dated 16-6-2010, had upheld the order of this Court on identical facts where position was prima facie clear that incident of both F.I. Rs. took place on same date, time and place and observed that point could be properly thrashed out at the time of trial but presently no exception could be taken with regard to the said position and no tentative findings could be given as to which party is aggressor and therefore, upheld the order of' this Court granting pre-arrest bail to the respondents. I have perused the order of the Hon'ble Supreme Court and found that facts of the present case are identical to the facts of the case before the Hon'ble Supreme Court. After going through the order of the Hon'ble Supreme Court, the learned A.P.-G. also did not oppose the confirmation of interim bail earlier granted in this case. Interim order dated 5-10-2009 has been passed by this Court wherein the applicants were admitted to interim pre-arrest bail subject to furnishing surety in the sum of Rs.100,000 each and PR bond in the like amount to the satisfaction of the Nazir of this Court. Since pre-arrest bail has also been granted to the complainant in this case vide order dated 30-9-2010, in Criminal Bail Application No.1079 of 2009, subject to furnishing solvent surety in the sum of Rs.200,000 and since facts of both the cases are identical, therefore, I will confirm interim pre-arrest bail to the present applicants by enhancing solvent surety from Rs.100,000 to Rs.200,000 each and PR bonds in the like amount to the satisfaction of the Nazir of this Court. The Nazir is directed that if surety already furnished by the applicants is enough for the quantum of fresh surety then the applicants will remain on same surety but PR bonds in the sum of Rs.200,000 each be taken. In the above terms, this Criminal Bail Application stands disposed of. H.B.T./N-8/K Bail confirmed.