2007 PLP 1775 (YLR)

SYED SHABBAR RAZA RIZVI, J.

The petitioners filed this bail application for pre-arrest bail. The petitioners stand involved in F.I.R. No.542 of 2005, dated 10-10-2005 registered under sections 379/452/448/148/149, P.P.C. at Police Station Hujrah Shah Muqeem, District Okara.

2. Briefly according to the F.I.R., all the petitioners are named in the F.I.R. and shown armed with fire-arms of different nature. They resorted to indiscriminate firing and stole different things including an amount in cash.

3. The learned counsel for the petitioners submits that case was registered with delay of more than two months. The offences do not fall within the prohibitory clause. There is no specific injury attributed to the petitioners. The learned counsel also submits that section 452, P.P.C. was deleted during the course of investigation and basically it is a property dispute between the parties which caused the registration of the present case.

4. On the other hand, the learned counsel for the complainant submits that the petitioners are named in the F.I.R. and during the course of investigation they have been found guilty. He further submits that according to the record complainant is owner and in possession of the property. He submits that recovery has been effected from the petitioner No.3. The learned counsel for the State endorsed the contention of the learned counsel for the complainant and adds that statements recorded under section 161, Cr.P.C. also supported the contents of the F.I.R. The learned counsel for the State submits that all the eight petitioners have been found guilty.

5. I have heard the learned counsel for the parties. In this case investigation has been completed. The learned counsel for the petitioners himself contended that during the course of investigation section 452, P.P.C. was deleted; that means that he has no serious dispute with the quality of investigation and during the same investigation all the petitioners have been found guilty and connected with. the occurrence. It may also be pointed out that six accused persons by the same Investigation Officer have been declared innocent. In view of the above, no ulterior motive or mala fide can be attributed to the Investigation Officer or other police officers. Petitioners stand named in the F.I.R. and an act of criminal role is assigned to teem. Recovery of certain stolen items has also been effected. Statements of P.Ws. under section 161, Cr.P.C. also provided strength to the statement of the complainant. In view of the above, I do not consider the present case fit for granting extraordinary concession of pre-arrest bail, hence this petition is dismissed. H.B.T. /M-177/L Bail refused.