2007 PLP 3145 (YLR)

M. BILAL KHAN, J.

Tariq Hussain son of Muhammad Sharif the petitioner, by filing the instant petition seeks pre-arrest bail in case F.I.R No-276, dated 28-12-2005, registered at Police Station Factory Area, Sargodha for offences under sections 337-A(ii), 337-F(i), 452, 147, 149 P.P.C. at the instance of Mst. Shahida Bibi, wife of the petitioner, the alleged victim of assault.

2. Precisely the facts giving rise to this bail application were that Mst. Shahida Bibi, the complainant; got registered the aforesaid F.I:R against Abdul Sattar, Jabbar Khan, Nazir, Shahzad, Sardar Khan, Naseer, Usman, Yasir, Mst. Mehtab, Mst. Ishrat, Mst. Nusrat, Mst. Sabrina and Mst. Reema, alleging therein that they while carrying iron rods trespassed into her house .and entered the room: Abdul Sattar raised a Lalkara that .a lesson be taught for getting possession of the said house, whereupon Muhammad Nazir inflicted an iron road blow on her head;-the second and third iron rod blows were delivered by Usman and Jabbar Khan, which landed on her right elbow and .left eye respectively; thereafter Shahzad caused an iron -rod injury below the left eye of her husband Tariq (the petitioner): then. Sardar inflicted an injury on the left grin of Mst. Tahira Bibi, her daughter. It .has also been alleged that .during the incident the wearing apparel of the complainant had been torn off and she became naked. .During the course of investigation, Abdul Jabbar accused got recorded a cross-version on the basis of Medico-legal Report attached with this petition as Annex 'C' against the petitioner.

3. The petitioner apprehending his arrest had approached the learned Court of Session at Sargodha for grant of pre-arrest bail, but his plea had been turned down by the learned Additional Sessions Judge, Sargodha vide order dated 28-1-2006.. Hence, the instant petition.

4. After hearing the learned counsel for the parties, it has been observed that the petitioner is a brother-in-law of Jabbar Khan, the complainant in-the cross-version. All the- accused mentioned in the F.I.R, which had been .recorded under sec tions 337-A(ii), 337-F(i), 452, 147, 149 P.P.C. have since been released on bail by the learned trial Court. Mst. Shahida Bibi wife of the petitioner, has appeared. in person. She is real sister of Jabbar Khan, complainant in the cross-version. She has submitted that it was a matrimonial dispute, which had degenerated into a sudden fight and that the injuries allegedly suffered by Jabbar, Khan were caused. with a friendly' hand in order to cancel out the effect of the F.I.R, which had been lodged by her. I am not inclined to go into the details of the case, suffice it to. say that -the parties are closely related and the accused persons nominated in the F.I.R are on bail, as such at this juncture it would not serve any useful purpose to send the petitioner behind the bars. His case is one of further inquiry inasmuch as it is yet to be determined as to who is the aggressor.

5. Resultantly, this petition is allowed and the ad interim pre-arrest bail already granted to the petitioner wide order dated 2-2-2006 is hereby confirmed subject to his furnishing. fresh bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court. N.H.Q/T-12/L Pre-arrest bail granted.