2009 PLP 149 (MLD)

ZAFAR IQBAL CHAUDHRY, J.

Through this petition under section 498, Cr.P.C. the petitioners seek pre-arrest bail in case F.I.R. No.645, dated 21-7-2008 registered under sections 337-A(ii)/ 337-F(i)/337-L(ii), P.P.C. at Police Station Ghulam Muhammad Abad District Faisalabad on the application of Muhammad Jamil Shahid.

2. Learned counsel for the petitioners submits that the petitioners have been involved in this case falsely on account of enmity with the complainant party which has already been admitted in the F.I.R. He further submits that there is general allegation against the petitioners that they caused injuries to Muhammad Jamil Shahid complainant. According to the medico legal report the victim received three injuries but in the F.I.R. it has been alleged that he was given severe beating and he received so many injuries. According to the learned counsel for the petitioners version of the complainant is not in line with the medical evidence. In view of the above, the petitioners are entitled to the concession of pre-arrest bail.

3. Learned DPG on the other hand opposes this petition on the ground that during investigation Muhammad Tanvir petitioner was found innocent as he was not present at the spot at the time of occurrence. Sofar as the other petitioners Muhammad Jafar and Sikandar are concerned there is general allegation against them that they caused injuries to the injured who has no motive to falsely involve them in this case and keeping in view this situation the petitioners are not entitled for grant of pre-arrest bail.

4. Perusal of the record shows that though the petitioners are named in the F.I.R. but there is general allegation against them for causing injuries to the injured person. So far as their litigation is concerned that is admitted in the F.I.R. According to the medico legal report no injury has been declared as grievous. One of the petitioners namely Muhammad Tanvir has been found innocent during investigation and the version given in the F.I.R. also does not appear to be in line with the medical evidence because the injured has received only three injuries which creates doubt in the version of the complainant as according to him he received so many injuries. The petitioners have joined the investigation and are not required by the police any further. The case of the petitioners falls within the purview of further inquiry and sending them to jail at this stage would not serve any useful purpose to the prosecution. Hence this petition is accepted and ad interim pre-arrest bail already granted to the petitioners vide orders, dated 30-9-2008 is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. H.B.T./M-441/L Bail confirmed.