2017 P Cr (PLP)

ABDUL SAMI KHAN, J.

Through this petition under section 498, Cr.P.C. the petitioners Azra Bibi and Faisal Nazir have sought bail before arrest in case FIR No. 463/2016, dated 22.06.2016 registered at Police Station Aroop, District Gujranwala for the offences under sections 337-F(ii), 337-F(i), 337-L(2), 337-A(i), 34, P.P.C.

2. I have heard the learned counsel for the parties and learned Deputy Prosecutor General 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 petitioner is named in FIR, yet the fact remains that there is a delay of four 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 injury attributed to petitioner Azra Bibi on the head of injured Imran has been declared by the doctor as "Shajjah-i-Khafifah" which falls under section 337-A(i), P.P.C. and is bailable in nature whereas the injuries attributed to petitioner Faisal Nazeer on the abdomen of injured Riffat has been declared by the doctor as "Jurh Ghair-Jaifah Badiah" under section 337-F(ii), P.P.C. which carries maximum punishment upto three years whereas the other injury attributed to petitioner Faisal Nazeer on right mid-auxiliary area of injured Riffat has been declared by the doctor as "Jurh Ghair Jaifah Damiyah" under section 337-F(i), P.P.C. which is bailable in nature. Admittedly the petitioners are previous non-convict, never involved in any criminal case nor they have committed the occurrence on the pretext of honour, hence, section 337-N(2), P.P.C. also comes to the rescue of petitioners and under the law the petitioners cannot be sentenced to imprisonment rather they can only be directed to pay Arsh or Daman in this case. The petitioners have already joined the investigation of the case; their physical custody cannot be handed over to police only for the purpose of effecting recovery which otherwise lost its significance with the passage of time as blood do disintegrated. Reliance in this regard can easily be placed upon 2014 SCMR 1349. No useful purpose would be served by sending them behind the bars so as to enable them to come out of jail on post arrest bail after few days.

3. For what has been discussed above, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioners vide this Court's order dated 14.10.2016 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 at 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. WA/A-115/L Bail confirmed.