2009 P Cr (PLP)

KHURSHID ANWAR BHINDER, J.

Muhammad Hussain alias Malang, Ahmed Yar, Muttal, Fateh Sher, Alam Sher, Nawab, Sadiq, Hussain and Khadim alias Fazil petitioners seek pre-arrest bail in case F.I.R. No.309 dated 7-5-2008, registered under sections 452/ 337-L(ii)/337-A(ii)/337-F(i)/337-A(i)/148/149, P.P.C. at Police Station Saddar Pakpattan Sharif.

2. Precise allegations against the petitioners, as per narration of the F.I.R., are that all of them while armed with different weapons launched attack on the complainant party and injured them.

3. Learned counsel for the petitioners submits that a false case stands registered against the petitioners. In fact no occurrence ever took place. There is two days' unexplained delay in lodging of the F.I.R. She further submits that injuries were caused to both the parties as it was a free fight. In fact, complainant party was the real aggressor as petitioners also suffered injuries. Section 452, P.P.C. is not made out as per the police findings and in this context she has referred to the investigation report submitted by the S.P. (Investigation) wherein he had deleted section 452, P.Y.C. She lastly submits that both the parties received injuries during the occurrence which will be seen at the time of trial that who was the aggressor.

4. Learned counsel for the complainant has vehemently opposed this bail application and submits that the petitioners are nominated in the F.I.R. with specific roles. Ocular account is fully corroborated by the medical evidence. There is no mala fide on the part of the complainant to falsely implicate the petitioners. All the petitioners have been held guilty in police investigation. He further submits that all the petitioners are required by the police for the purposes of investigation and recovery of the crime weapons is yet to be effected from them.

5. Learned D.P.-G. has also opposed the hail application and submits that the petitioners are nominated in the F.I.R. with specific roles. lie has also referred to the statements of Akbar, Bashir and Jamal who fully corroborated the version of the F.I.R. and fully implicated the petitioners with the commission of the offence. He further submits that the petitioners do not deserve concession of pre-arrest bail at this stage.

6. I have heard all the learned counsel and have also perused the record. Petitioners are no doubt nominated in the F.I.R with specific roles but it is revealed from the medical evidence that both the parties suffered injuries which means that a free fight took place between the parties. Learned counsel for the petitioners has also submitted M.L.Rs. which show that two persons from the petitioners' side had also suffered injuries. With this situation in hand this Court has to take into account the verdict of the Honourable Supreme Court in various judgments wherein it has been time and again held that when there is a cross-fight and both the parties suffered injuries it is to be seen at the time of trial as to which one was the aggressor party. At bail stage only tentative assessment is to be made. For instance one can refer the case of Sardar Munir Ahmed Dogar v. The State PLD 2004 SC

822. Learned D.P.-G. as well as the learned counsel for the complainant have not been able to prove the fact as to whether there was any pre-meditation and they have also hot been able to establish that in what circumstances this fight took place. It certainly appears that there is some enmity between the parties which had ultimately led to this cross-fight. Mala fides on the part of the complainant stand established as both the parties belong to different factions and there exists enmity between them.

7. For what has been discussed above, I confirm ad interim pre-arrest bail already granted to the petitioners subject to their furnishing fresh bail bonds in the sum of Rs.50,000 each with two sureties in the like amount each to the satisfaction of the trial Court. H.B.T./M-466/L Bail confirmed.