' MUHAMMAD JEHANGIR ARSHAD, J.-This single order will dispose of Criminal Miscellaneous No,l875- B of 2006 titled as "Qamar Abbas alias Basu v. The State" and Criminal Miscellaneous No,l519-B of 2006 titled as "Muhammad Yasin and others v. The State" arising out of same F.I.R. No,332 of 2006 dated 25-4-2006 registered under sections 337-A(i), 337-A(ii), 337-F(i), 337-L(ii)/34, P.P.C. Police Station, New Multan.
2. Qamar Abbas, Muhammad Yasin and Sajid petitioners in both the petitions seek their pre-arrest .
Bail in the above mentioned case on the ground that except Sajid petitioner injuries attributed to the remaining two petitioners are covered by sections 337-A(i), 337-F(i) and 337-L (iij which are punishable with one year R.I., hence are bailable. However, injury attributed to petitioner Sajid is covered by section 337-A(v) which is punishable with five years but the same does not fall within the prohibitory clause, hence the petitioners are entitled for the confirmation of their pre-arrest bail granted by this Court.
3. On the other hand, learned counsel for the complainant as well a$ the State have vehemently opposed this application by arguing that Sajid petitioner is guilty of repeating 'Sarria' blow and thus was not entitled to concession of bail before arrest whereas the remaining petitioners acted in furtherance of their common intention with Sajid.
4. Arguments considered. Record perused.
5. From the contents of the F.I.R. As well as the medical report injuries attributed to Qamar Abbas and Muhammad Yasin are covered by section 337-A(i), 337-F(i) and 337-L(ii) and are punishable either with one or two years thus the concession of bail before arrest cannot be refused to them. To this extent application of Qamar Abbas and Muhammad Yasin petitioners is allowed and their pre- arrest bail is confirmed subject to their furnishing bail bonds in the sum of Rs,30,000 each with one surety each in the like amount to the satisfaction of learned trial Court within ten days. However, the case of Sajid petitioner is distinguishable he is guilty of causing repeated injuries with 'Sarria' and thus he is not entitled to the concession of pre-arrest bail which is extraordinary in nature.
Therefore, this application to the extent of Sajid petitioner is refused and the interim bail granted to him earlier is recalled.