' HASNAT AHMAD KHAN, J.- Through this petition, Naseer Ahmed/ petitioner has sought pre-arrest bail in case F.I.R. No,404 of 2007, dated 11-9-2007 registered at Police Station Saddar Chichawatni, District Sahiwal, in respect of offences under sections 337-F(iii), 337-L(2)/34, P.P.C.
2. Briefly, the facts of the case are that a case was registered against the petitioner and his brother namely Munir Ahmad for roughing the complainant up with iron and baton respectively consequent upon a scuffle over entrance of accused's goats in complainant's cotton field.
3. That the petitioner and his co accused approached the learned Additional Sessions Judge Chichawatni for grant of pre-arrest bail. Vide order, dated 4-10-2007 the learned Additional Sessions Judge allowed pre-arrest bail to Munir Ahmed, co-accused while to the extent of present petitioner the petition was dismissed. Hence this petition for grant of pre-arrest bail.
4. Learned counsel for the petitioner has contended that there is delay of three days in lodging the F.I.R., that the petitioner is entitled to grant of pre-arrest bail on the basis of rule of consistency as the co-accused has already been granted bail before arrest by the learned Additional Sessions Judge; that the offence does not fall within the prohibitory clause; that offence allegedly committed by the petitioner is primarily punishable with Daman and though a case of further inquiry has been made out in favour of the petitioner yet the petitioner is ready to make part payment of Daman.
5. Learned counsel appearing on behalf of State, assisted by learned counsel for the complainant, has not seriously opposed the offer, with regard to deposit of Daman by the petitioner, made by the learned counsel for petitioner.
6. After hearing the arguments put forth by both the sides, I have concluded that although petitioner has been named in the F.I.R. And specific role has been attributed to him, yet the fact remains that the offence allegedly committed by the petitioner is punishable with three years' R.I.
There would be no use to refuse prearrest bail on technical grounds, when there is every likelihood of grant of post-arrest bail to the petitioner after some days of his arrest. Besides, the primary punishment for the alleged offence is Daman. Therefore, considering the case from this angle, the application in hand is accepted and the ad interim pre-arrest bail granted to the petitioner vide order, dated 9-10-2007 is hereby confirmed subject to deposit of Rs,5000 as part payment of Daman in addition to furnishing fresh bail bonds in the sum of Rs,30,000 with one surety to the satisfaction of the Deputy Registrar (Judl.) of this Court within a week. The said amount would be disbursed after the conclusion of the trial and in terms of the decision made by the trial Court. It is further observed that in case the petitioner is found guilty after conclusion of the trial, the amount of Daman would be determined by the learned trial Court after considering the pros and cons of the case.