2009 PLP 579 (YLR)

KHURSHID ANWAR BHINDER, J.

Haji Saeed Ahmad petitioner seeks pre-arrest bail in case F.I.R. No.131 dated 4-5-2008 registered under sections 302/324/114/34, P.P.C. at Police Station Garh Meharaja District Jhang.

2. Precise allegations against the petitioner are that he had abetted the offence wherein three persons were murdered.

3. Learned counsel for the petitioner submits that as per the police investigation petitioner was not found present at the place of occurrence. He has also referred to the case of rest of the accused persons, namely, Muhammad Ahmad, Hasnain and Haji Abdul Rashid who having similar roles have already been granted bail before arrest by this Court vide order dated 22-7-2008 passed in Crl. Misc. No.6175-B/2008 and Cr1.Misc. No.6180-B/2008, therefore, rule of consistency demands that the petitioner be also granted bail before arrest. He further submits that this is a case of no evidence. He also submits that the eye-witness, namely, Muhammad Asghar had sworn an affidavit to the effect that the present petitioner was not present at the place of occurrence. He lastly submits that there is a clear cut mala fide on the part of the complainant to falsely implicate the present petitioner in the aforesaid case as there exists previous enmity between both the parties due to which the petitioner has been falsely implicated in the instant case.

4. Learned D.P.-G. while opposing the bail application submits that according to Zimni No.37 dated 15-7-2008 the petitioner was held guilty in police investigation. As far as the role of accused persons who have been granted bail is concerned, in fact they were declared innocent during the investigation but the present petitioner was held guilty during the investigation. He lastly submits that the eye-witness Iram Ata Ullah fully implicates the petitioner with the commission of the said offence.

5. I have heard both the learned counsel and have also perused the record. There is no denying the fact that the petitioner is nominated in the F.I.R. with the role of abetment, however, no active role has been ascribed to him. Since one of the co-accused, namely, Haji Abdul Rashid who has been ascribed the identical role has already been granted bail by this Court vide order dated 22-7-2008 passed in Crl. Misc. No.6175-B/2008, therefore, rule of consistency demands that the petitioner be also granted bail as his role is exactly at par with that of Haji Abdul Rashid. Moreover, ;u:ala fide on the part of the complainant is also proved on record as the Investigating Officer present in the Court submits that there exists enmity between both the parties due to which present petitioner has been implicated in this case. As per the record it is established that the murders of three persons were committed by Muhammad Akbar, Khalid and Haji Umar Hayat and the present petitioner has falsely been implicated in this case.

6. Under the circumstances, I confirm ad-interim pre-arrest bail already granted to the petitioner subject to his furnishing fresh bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the trial Court. H.B.T./S-140/L Bail confirmed.