' IJAZ AHMAD CHAUDHRY, J.---Through this application under section 498, Cr.P.C. The petitioner Mst.
Sonam Naz seeks bail before arrest in a cross-version got recorded by Mst. Kishawari Bibi for offences under sections 337-D/452, P.P.C. In case F.I.R. No,464, dated 6-6-2005 registered under sections 342/337-L(ii)/354/34, P.P.C. At Police Station Khurrarianwala District Faisalabad on the statement of Mst. Surriya Bibi mother of the petitioner.
2. The impugned F.I.R. Has been got registered against four persons at the instance of Mst. Surriya Bibi complainant mother of the petitioner wherein she has alleged that the accused persons had forcibly entered into her house and forcibly took her to the house of Mst. Kishawari Bibi, where she was given severe beating. Then the petitioner arrived there and in the right of self-defence caused injury to Muhammad Ramzan.
3. During investigation an application was moved by Mst. Kishawari Bibi for recording the cross- version according to which on the same day and time when she was preparing breakfast of the children, the door was knocked at and the same was opened. Then Ayub armed with .30-bore pistol, Ghaffar armed with Iron Rod and Mst. Soina alias Sonam petitioner armed with Chhuri entered in her house while raising Lalkara that Ramzan alias Jana should be taught a lesson for supporting the complainant. In the meanwhile Ayub caught hold of Ramzan alias Jana in Japha and Mst. Sonia alias Sonam petitioner gave a Chhuri blow on the abdomen of Ramzan alias Jana.
She also tried to inflict another blow but her hand was caught hold of by the complainant Mst.
Kishawari Bibi.
4. Learned counsel for the petitioner contends that even the F.I.R. Has not been lodged correctly on the statement of the mother of the petitioner for which matter application under section 22-A/B, Cr.P.C. Is pending with the learned Justice of Peace; that the cross-version has been recorded after about one month of the alleged incident and story has been concocted; that the petitioner is a woman who is a student of 3rd year and has been falsely implicated in the present case; that the other party was the aggressor and F.I.R. Was lodged against them by the mother of the petitioner; that in fact the dispute was between the women which has been converted into criminal offence; that the petitioner's case also falls within the first provision of subsection (1) of section 497, Cr.P.0 ;that the recovery cannot be effected after six months and if the same is effected that will not be reliable, hence there is no justification to send the petitioner to jail only for the purpose of effecting recovery, when it is a case of two versions and the learned Trial Court will determine to same after recording evidence of the parties.
5. Learned counsel for the State on the other hand opposes this application on the ground that the petitioner is involved in a heinous offence and he has not succeeded in making out a case for bail before arrest which is meant to protect the innocent citizens while the injury attributed to the petitioner is of serious nature which is borne out from the medico-legal report of Muhammad Ramzan.
6. I have heard the learned counsel for the parties and also perused the record with due care and caution. The occurrence in the present case had taken place on 2-6-2005 at 8.00 a.m. While F.I.R.
Was got lodged on 6-6-2005 by the mother of the petitioner after obtaining medico-legal report in which she has explained the injury on the person of Ramzan to have been caused by the petitioner in self-defence as she was dragged and also beaten after taking her to their house. It is a case of two versions and which one is correct will be seen after the recording of the evidence of both the parties by the learned Trial Court but for the time being I do not find any reason for sending the petitioner to jail who is a A parda-nasheen lady and also a student of 3rd year whose career will be spoiled. Even otherwise if the recovery is effected from the petitioner after six months of the incident will not be of any help to the prosecution. Though the medical report has been submitted on the record but the final result of the same from the doctor in whose supervision the injured Ramzan was being treated is not available on the record so far and it cannot be determined that the opinion of the doctor was correct or it was based on surmises. The petitioner's case also falls within the first proviso of subsection (1) of section 497, Cr.P.C. It has been repeatedly held by the superior Courts that in special circumstances the accused can be granted pre-arrest bail, if he has a good case 'for post-arrest bail and no purpose would be served to the prosecution bysending him to jail. If the petitioner is found guilty of the offence by the Court of competent jurisdiction can be convicted and sentenced in accordance with law, but for the time being I see no justification to send her to jail, which can spoil her future life when she has no previous crime history.
7. For the foregoing reasons, this application is accepted and ad interim pre-arrest bail already granted to the petitioner vide order, dated 12-12-2005 is hereby confirmed subject to her furnishing fresh bail bonds in the sum of Rs,1,00,000 with two sureties each in the like amount to the satisfaction of the learned Judicial/Ilaqa Magistrate.