2012 PLP 1704 (MLD)

The petitioner seeks bail after arrest in case F.I.R. No.203, dated 20-5-2012, under section 9(b) C.N.S.A., 1997 read with sections 353, 186, 224, 225, 382, 148, 149 P.P.C., registered at Police Station 18-Hazari, District Jhang.

2. Akhtar Ali A.S.-I. received a spy information on 20-5-2012 that Arif Shah alias Dodo Shah posed for an army personnel and sold contraband charas publicly while sitting in a graveyard and if raided upon he could be caught red-handed; on receipt of this information a raid was conducted and Arif Shah alias Dodo Shah was hauled up being in possession of charas weighing 250 grams; on a specific oral signal of the accused, 17 persons, including Asim Ali alias Chahli (petitioner), all armed with dandas, sotas and firearms reached there and launched an assault at the police party by using criminal force to deter them from the discharge of their duty; they snatched accused Arif Shah alias Dodo Shah from the custody of the police, scuffled with the members of the raiding party and tore their uniforms; the above said accused also snatched a motorcycle from Ghulam Dastagir constable and on being checked by the police, they waived their weapons in the air and raised lalkaras that they would kill, whosoever came there way; the accused fled from the spot after the occurrence.

3. After hearing learned counsel for the parties and perusing the record, it is observed that no specific role has been attributed to the petitioner except for being a member of the mob, which allegedly resorted to rioting. The petitioner was not found possessing any narcotic substance at the time of his arrest by the police. It does not divulge from the F.I.R. as to what relationship, the petitioner had with Arif Shah alias Dodo Shah accused who was caught red-handed by the police, being in possession of charas weighing 250 grams. The allegations against the petitioner are vague, inasmuch as no specific role has been attributed to him nor he appears to have committed a non-bailable offence. It has not been alleged in specific terms by Ghulam Dastagir constable if his motorcycle had been stolen or snatched by the accused-petitioner. All the accused have been shown to have attacked the police party being armed with different weapons but there is no evidence to believe that anyone of the members of the police party had received even the slightest scratch on his person during the occurrence. If none of the participants of the occurrence used his weapon effectively how come they succeeded in viewing Arif Shah alias Dodo Shah escape the police custody. There does not exist any reason to believe that the petitioner's case is covered by the prohibitory clause of section 497(1), Cr.P.C. or his implication in the instant case may be considered above-board. The story contained in the F.I.R. looks bizarre and somewhat preposterous. The circumstances that a heavy contingent of the police showed little courage in coping with the situation and apparently wilted under the pressure of a disorderly attack of the accused, paint a blurred picture of the prosecution case which brightens the probability of invocation of the second proviso to section 497, Cr.P.C., in favour of the accused-petitioner. Therefore, the instant application is accepted and petitioner is admitted to post arrest bail subject to furnishing bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of learned trial Court. MWA/A-116/L Bail granted.