2018 P Cr (PLP)

ABDUL SAMI KHAN, J.

Through this petition under section 498, Cr.P.C. the petitioners Mashooq Ali and Habib-ur-Rehman have sought bail before arrest in case FIR No.589/2017 dated 16.12.2017 under sections 324, 148, 149, P.P.C., registered at Police Station Sahianwala District Faisalabad.

2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail before arrest and only tentative assessment is required at this stage. It has been noticed that although the petitioners are named in FIR, yet the fact remains that there is a delay of three days in lodging of the FIR, which has not been explained by the complainant, which prima facie shows that the FIR has been lodged after due deliberation and consultation. As per FIR, the allegations against the petitioners are-that the petitioner Mashooq Ali made fire shot with his pump action gun on the left leg of complainant Muhammad Riaz whereas the petitioner Habib-ur-Rehman alias Billa made fire shot with his repeater gun on the abdomen of injured Muhammad Amir and both the said injuries have been declared by the doctor as "Jurah ghayr-jaifah damihah" which falls under section 337-F(i), P.P.C. Admittedly, during the investigation, it has come on record that both the petitioners were only present at the place of occurrence empty handed and have not caused any injuries to any person rather their co-accused Laddo has caused these injuries. Although, opinion of the police is not binding on the Courts of law, yet the same can be taken into consideration while deciding bail applications, therefore, by keeping in view the contents of FIR and the outcome of investigation, prima facie the case of prosecution to the extent of petitioners has become a case of two versions i.e. one put forward by the complainant and the other came on record during investigation and which version is correct shall be determined by the learned trial court after recording evidence. Reliance can easily be placed upon 2012 SCMR 1137 (Ehsan Ullah v. The State). It has also noticed that cross version has also been recorded against the complainant party of this case and which party is aggressor and which is aggressed upon shall be determined by the learned trial court after recording of evidence. Admittedly the petitioners are previous non-convict. They have already joined the investigation which is complete to their extent. They are not required by the police for any recovery as during investigation they were found not equipped with any weapon at the time of occurrence, therefore, no useful purpose will be served by sending them behind the bars so as to enable them to come out from jail on post-arrest bail after few days.

3. For what has been discussed above, the ad-interim pre-arrest bail already granted to the petitioner vide this Court's order dated 20.02.2018 is hereby confirmed subject to their furnishing bail bonds in the sum of Rs.1,00,000/- (Rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of learned Trial Court/Area Magistrate.

4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only. MQ/M-60/L Bail granted.