2008 P Cr (PLP)

M. BILAL KHAN, J.

Muhammad Boota son of Allah Ditta, Muhammad Faisal son of Muhammad Boota, Waris Ali son of Ghulam Haider, Manzoor Ahmad and Abdul Ghafoor sons of Muhammad Sharif, Muhammad Azam and Qasim Ali sons of Muhammad Hanif, Muhammad Raman son of Muhammad Nawaz, and Muhammad Zaman son of Muhammad Bashir, the petitioners seek post-arrest bail in case F.I.R. No.8 of 2007 dated 13-1-2007, registered with Police Station Chakbedi District Pakpattan Sharif for offences under sections 148, 186, 324, 325, 353, 427, 436, 149, P.P.C. read with section 16 of the Maintenance of Public Order Ordinance, 1960.

2. The case of the complainant Mumtaz Ahmad Halqa Girdawar and Naib Tehsildar Pakpattan Sharif, as it unfolded in the F.I.R. was that when revenue staff in the presence of police contingent had reached for the purpose of demarcation of land, 15/20 women and about 10/12 men including the petitioners while armed with clubs and hatchets came to the spot and started interfering in their official duty by blocking the road, pelting stones at the staff and setting ablaze tents and beddings. The accused also allegedly sprinkled kerosene oil on the members of the police party and tried to set them on fire; they also doused themselves with kerosene oil and threatened to commit suicide in case any demarcation was carried out. The revenue staff and police party could save their lives with considerable efforts.

3. The petitioners' pre-arrest bail had been declined by this Court vide order, dated 7-5-2007 in Criminal Miscellaneous No.2785/B of 2007. They were arrested on the same day and are in custody ever since. Their application for post-arrest bail had been turned down by the learned Additional Sessions Judge on 22-6-2007. Hence this petition.

4. I have heard Mr. Saif Ullah Khan, Advocate for the petitioners, Messrs Munir Ahmed Bhatti and Azam Nazeer Tarar, Advocate for the complainant, Mr. Muhammad Iqbal Chaudhry, Deputy Prosecutor-General for the State and have examined the record brought by Sanaullah A.S.-I. of Police Station Chakbedi District Pakpattan Sharif.

5. It has been observed that penal offences covered by sections 324 and 436 are the only two provisions which attract the prohibitory clause of section 497(1), Cr.P.C. Out of the remaining offences sections 148, 186, 325, 353, 427 are bailable. The petitioners were allegedly armed with dangerous weapons, but not even a scratch had been received by any of the members of the police party or any private individual present at the scene of occurrence. This situation alone renders the applicability of section 324, P.P.C. a matter of further probe. Likewise the list of allegedly burnt articles had been added to the file after 34 days of the occurrence. At this stage it needs to be determined, as to whether the tents which were allegedly put to flame could be defined as a building for human dwelling or a place of worship as described in section 436, P.P.C. The petitioners are poor peasants and are facing incarceration for the last almost six months. The trial has not witnessed any tangible progress. They cannot be retained in custody indefinitely as a measure of punishment.

6. Resultantly this petition is allowed and the petitioners are admitted to post-arrest bail subject to their furnishing bail' bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of the learned trial Court. The observations made hereinabove are for the limited purpose of deciding this bail application and are not designed to influence the course of the trial. H.B.T./M-524/L Bail granted.