2007 P Cr (PLP)

MUHAMMAD NAWAZ BHATTI, J.

Petitioners have sought their pre-arrest bail in case F.I.R. No.475 of 2005 dated 24-9-2005 registered under sections 337-A(ii)/337-A(i)/337-F(i)/337-F(ii)/337-F (iii)/337-F(v)/337-L(ii)/148/149, P.P.C. at Police Station Harappa District Sahiwal.

2. Precisely the allegation against the petitioners as per prosecution story is that they along with other co-accused armed with various weapons hatchets and Sotas etc., on the Lalkara of Nawaz petitioner/accused injured Zulfiqar, Tanveer, Gulzar, Manzoor and others in furtherance of their common intention.

3. Learned counsel for the petitioners contends that petitioners are innocent and have falsely been implicated in the case on the basis of previous enmity; that the accused party has also filed complaint against the complainant and others, wherein they have been summoned by the learned trial Court; that there is unexplained delay of six days in lodging the F.I.R. and offence against the petitioners does not fall within prohibitory clause. That in fact the complainant party was aggressor and the petitioners also received injuries during the occurrence.

4. On the other hand learned counsel appearing on behalf of the State assisted by learned counsel appearing on behalf of complainant has vehemently opposed the bail petition and submitted that this is a daylight occurrence; that the petitioners are nominated in the F.I.R. and specific role has been attributed to them.

5. I have heard learned counsel for the parties and perused the record. Petitioners are nominated in the F.I.R. and they have been attributed specific role. The investigation is incomplete as the petitioners/accused have not joined the investigation. There is no mala fide on the part of the complainant side to falsely involve the petitioners. Pre-arrest bail is an extraordinary relief which can only be granted if there is mala fide on the part of the complainant or there are sound reasons to believe that accused persons have been falsely involved. Furthermore, the petitioners have also been declared guilty during the course of investigation. I do not find any such reason at this stage to grant extraordinary relief to the petitioners. Concession of bail before arrest is granted to an accused if it is established that his involvement in the case is based on mala fides by the prosecution, reliance is placed on Mst. Qudrat Bibi v. Muhammad Iqbal and another 2003 SCMR 68.

6. For what has been discussed above I do not find any merit in this petition which is hereby dismissed and interim pre-arrest bail already granted to the petitioners vide order, dated 19-1-2006 is hereby recalled. H.B.T./J-29/L Bail refused.