2012 PLP 678 (SCMR)

TASSADUQ HUSSAIN JILLANI, J.

Seeks pre- arrest bail in a case registered vide F.I.R. No.684 of 2011 dated 26-10-2011 under sections 452/354/448/511, P.P.C. at Police Station Saddar, Tandlianwala, District Faisalabad on the statement of Mst. Rani Bibi who alleged that the petitioners along with 4 co-accused armed with 'sotas' made trespass into her house, hurled abuses, gave her physical beating and tore her clothes.

2. Learned counsel for the petitioners seeks bail on the ground that the case is false; that petitioners' father owned 3 marlas of plot No.83 but subsequently he purchased the remaining 3 marlas as well and became full owner of plot No.83; that both the plots (plot No.83 and plot No.84) have separate streets in front of them and since petitioners' father became full owner of plot No.83, he closed the access/right of way from the said plot towards the street of side of plot No.83 and the complainant wanted to have right of way on both sides i.e. from plot No.84 and plot No.83, which was neither legally warranted nor morally justified. He further submitted that all the offences except section 452, P.P.C. are bailable and section 452 would not be attracted as neither there was trespass into the house of the complainant nor there was occasion to do so.

3. Learned Additional Prosecutor-General however, opposed the petition by submitting that the weapons of offence namely sticks have yet to be recovered and that petitioners are not entitled to the extraordinary concession of pre-arrest bail. On Court query, he could not deny that the complainant is owner in possession of plot No. 84 only and right in front of the said plot, there is a street and right of way for the complainant.

4. Having heard learned counsel for the petitioners and learned Law Officer, we find that admittedly the complainant is owner in possession of plot No.84 and right in front of said plot, there is a street and right of way available to her. The claim of the petitioners that they are in possession of plot No.83 has not been specifically controverted by the learned Law Officer.

5. In the afore-referred circumstances, the application of section 452, P.P.C. would remain a moot point. In this view of the matter, the possibility of false implication for reasons other than bona fide cannot be ruled out. That being so, petitioners have made out a case for pre-arrest bail. Consequently, by converting this petition into appeal, it is allowed and subject to petitioners 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, they are admitted to pre-arrest bail till the final disposal of the case. M.W.A./M-14/SC Pre-arrest bail granted.