2009 PLP 187 (YLR)

ABDUL SHAKOOR PARACHA, J.

All the four petitioners, namely Yousaf Masih son of Jamesh Masih, Fayyaz Masih, Irfan Masih both sons of Rafaqat Masih, and Sohail Danial son of Danial Masih seek bail before arrest in case F.I.R. No.73, dated 13-2-2007, registered at Police Station Kohsar, Islamabad, for offences under sections 337-A(ii)/147/149, P.P.C.

2. The petitioner filed a bail petition in the Sessions Court, Islamabad, which came up for hearing before an Additional Sessions Judge, where the Investigating Officer of the case made a statement that the accused were innocent and accordingly the learned counsel for the accused-petitioners withdrew the said bail petition; thereafter the investigation was transferred. Again, the petitioners feeling apprehension of arrest approached the Court and the learned Additional Sessions Judge on 13-9-2007 disposed of the bail petition by observing that, "The earlier pre-arrest bail of the petitioners was dismissed due to the statement made by the Investigating Officer in the Court respecting their innocence. Without permission the petitioners cannot be apprehended in this 'case. The Investigating Officer is directed to adopt the required measures." In the subsequent investigation the petitioners were found guilty therefore the petitioners for the third time approached the Court for grant of pre-arrest bail and the said relief has been declined to them, hence this petition.

3. The learned counsel for the petitioners contends that the petitioners are innocent; the case against them is result of mala fide and ulterior motive; they were declared innocent by the first Investigating Officer who prepared the discharge report and also recommended proceedings under section 182, Cr.P.C. against the complainant further contends that the principal accused Zafar son of Rakha who allegedly caused an injury with hatchet on the head of Shehzad has already been admitted to bail. The petitioners have been attributed injuries by pelting stone upon the complainant but no such injury was found in the MLR therefore the case. of the petitioners is of further inquiry.

4. On the other hand, the learned Deputy Prosecutor-General opposed the petition for grant of bail on the ground that the petitioners are nominated in the F.I.R. with specific roles of causing injuries with stones and that there is no mala fide on the part of the complainant to involve the petitioners in the case falsely.

5. I have heard the learned counsel for the parties. Principal accused, namely, Zafar Masih son of Rakha who had allegedly caused injury on the head of Shehzad has been admitted to bail. The petitioners allegedly caused injuries with a Danda and Brick to Shehzad. No injury is attributed to Sohail. Since the principal accused Zafar has been allowed post-arrest bail, no purpose would be served by sending the petitioners in jail. The case against the petitioners seems to be of mala fide and ulterior motive because a wider net has been thrown to involve maximum persons in the case. The petitioners also were found innocent at one stage of investigation. Therefore, the pre-arrest bail granted to the petitioners by this Court vide orders dated 4-10-2007 is confirmed. The petition stands disposed of accordingly. H.B.T./Y-6/L Bail confirmed.