2008 PLP 332 (MLD)

IJAZ AHMAD CHAUDHRY, J.

The petitioner seeks pre-arrest bail in case F.I.R. No.74, registered with Police Station City, Burewala on 12-2-2007 for an offence under sections 337-A(i)(ii)/ 337-F(v)/34, P.P.C.

2. Briefly, according to the F.I.R. the facts of the case are that on 6-2-2007 the complainant along with one Abdul Karim were standing at Chungi No.5 in front of tractor workshop of Yasim Arain and were about to proceed to Police Post of Chak 100 Bridge in connection with an investigation of case F.I.R. No.32/07 which was also got registered by the present complainant when all of a sudden the present petitioner along with one Nawab came there on a motorcycle armed with pistols and started beatings to the complainant and Shahid. The role attributed to the present petitioner is that he gave four blows with the butt of his pistols on the ribs of the complainant.

3. Learned counsel for the petitioner contends that the injury attributed to the petitioner falls under section 337-A(ii), P.P.C. and the injury on the head of Muhammad Akram has been attributed to his co-accused namely Nawab and the other injuries fall under section 337-A(i)/337-F(i), P.P.C. which are bailable. Further contends that the petitioner has falsely been implicated in the present case. During the investigation it has been found that the petitioner was not armed with any pistol at the time of incident.

4. On the other hand, learned counsel for the complainant opposes the bail application on the ground that the petitioner is a criminal minded as he is involved in five criminal cases of heinous nature and he does not deserve the extraordinary concession of pre-arrest bail, therefore, the present bail application should be dismissed. Learned counsel appearing on behalf of the State has also opposed the bail application by adopting the same line of argument.

5. I have heard learned counsel for the parties and have also gone through the record. Only one injury falls under section 337-A(ii), P.P.C. which is attributed to the co-accused namely Nawab and the other injuries in the instant case fall under sections 337-A(i)/337-F(i), P.P.C. which are bailable. Even otherwise, the petitioner has joined the investigation and report under section 173, Cr.P.C. has been submitted before the trial Court and no useful purpose would be served by sending the petitioner to jail. In the circumstances, the instant petition is allowed and the ad interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in, the sum of Rs.1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the trial Court. H.B.T./T-29/L Bail confirmed.