2010 PLP 1653 (MLD)

SHAHID HAMEED DAR, J.

Sadi Ahmad seeks bail before arrest in case F.I.R. No.300 of 2010 dated 9-5-2010 under sections 337L(ii), 354, 440 P.P.C. Police Station, Changa Manga, District, Kasur, on the complaint of Mst. Faizan Bibi.

2. Precisely, the prosecution case is that the petitioner along with his co-accused Muhammad Ashiq committed mischief and thereby damaged the crop of the complainant by letting loose their cattle in the fields of the complainant, when they were forbidden by the complainant, both of them attacked the complainant and her daughter Mst. Fakhra Bibi, tore their clothes, denuded them and inflicted multiple injuries on their bodies by means of blunt weapons, they carried, at the time of occurrence.

3. Both Faizan Bibi, complainant and her daughter Fakhra Bibi were medically examined at Rural Health Centre, Changa Manga on 24-4-2010 by the Medical Officer who determined duration of probable injuries of both the examinees as within 20 to 24 hours.

4. Learned counsel for the petitioner contends that the allegation against the petitioner is false and baseless as he had not committed any offence, alleged by the complainant and that he has been falsely roped in this case due to her malice and ulterior motive; that the medical evidence does not support the story contained in the F.I.R. as both the injured ladies were examined after one month of the registration of the F.I.R. and the duration of injuries was determined' by the Medical Officer as within 20 to 24 hours; the case was found false during the course of investigation vis-a-vis the accused Muhammad Ashiq was found innocent by the Investigation Officer; the petitioner is about 16 years and being less than 18 years the petitioner's case falls within the meaning of Juvenile Justice System, 2000; no damaged crop was taken into custody by the Investigation Officer during the course of investigation so the allegation qua committing the mischief has gone unsubstantiated; the offence under section 354, P.P.C. is bailable.

5. On the other hand learned Deputy Prosecutor-General assisted by learned counsel for the complainant controverts the submissions made by the learned counsel for the petitioner and contends that the petitioner is directly charged in the F.I.R. with specific role of damaging the crop of the complainant by letting loose his cattle; he also molested the chastity of the complainant as well as that of her daughter and that he has committed an offence which is non-bailable in nature; the pre-arrest bail is an extra ordinary relief which can only be extended to the innocent persons.

6. I have heard learned counsel for the petitioner and perused the record.

7. Both Faizan Bibi and Fakhra Bibi presented themselves before the Medical Officer at Rural Health Centre on 24-4-2010 for their medical examination. The Medical Officer found two blunt weapon injuries on the person of Faizan Bibi and equal number of blunt weapon injuries on the person of Fakhra Bibi. The probable duration of injuries recorded by the Medical Officer in respect of both the injured ladies was within 20 to 24 hours. The medical evidence does not lend any corroboration to the allegation contained in the F.I.R. The Investigation Officer when questioned by this court as to how he has resolved the controversy arising in the prosecution case by way of the above said observation made by the Medical Officer, he is unable to furnish any explanation except that the case has been registered on the orders of the learned Ex-Officio Justice of Peace. The Investigation Officer has collected no evidence as to how much crop has been damaged and what was the value of it and that how many cattle had allegedly grazed in the fields of the complainant. The offence under sections 354 and 337L(ii), P.P.C. are bailable. The petitioner by his index appears to be of 15/16 years, he is held to be a juvenile/child within the scope of Juvenile Justice System Ordinance, 2000. The false implication of the petitioner in the attending circumstance of the case cannot be ruled out.

8. For the foregoing reasons, I accept this application and confirm the ad-interim bail allowed to the petitioner on 10-6-2010 subject to furnishing fresh bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of learned trial Court. H.B.T./N/117/L Bail confirmed.