Petitioner seeks pre-arrest bail in a case registered vide FIR No, 238/07 dated 20.07.2007 under Sections 452, 427, 448, 511, 337-H(ii), 148, 149, P.P.C. at Police Station Alpa District Multan.
2. The prosecution story, briefly stated, is that the petitioner Muhammad Bilal armed with 12-Bore gun alongwith 18 others also armed with deadly weapons & sotas, after having formed an unlawful assembly criminally tress-passed into the house of the complainant and caused injuries to him as well as the other P.Ws.
3. It is contended by the learned counsel for the petitioner that a civil suit is pending inter-se the parties in respect of the property whereat the alleged occurrence took place and in the said civil suit, a status-quo order had been granted against the complainant party. Adds that the offences do not attract the prohibitory clause. All the other co-accused of the petitioner have already been granted bail.
4. Learned counsels for the prosecution and the complainant contested the grant of bail to the petitioner. It is contended that the petitioner is nominated in the F.I.R; a specific role is attributed to him and no ground for pre-arrest bail is made-out.
5. Arguments heard. Record perused
6. It appears that there is a civil litigation inter-se the parties filed by petitioner's sister in respect of the property whereat the alleged occurrence tool p1ace. Apparently, a status-quo order has been passed in the said case. In view of the pendency of the said litigation, there is a distinct possibility of mala fide qua false involvement of the petitioner. All the other co-accused have been granted bail. Consequently, this petition is accepted and the interim pre-arrest bail already granted to the petitioner vide order dated 24.09.2007 is hereby confirmed subject to 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 trial Court.