' SAGHIR AHMAD, J.--- Petitioners seek pre-arrest bail in case F.I.R. No,145 of 2008 dated 12-5-2008 under sections 337-A(ii)/ 148/149, P.P.C., Police Station Kot Addu District Muzaffargarh.
2. It is contended by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case; that a medical evidence does not lend corroboration of the prosecution story; that petitioners also moved an application to the concerned S.H.O. For a registration of the case but instead the case was registered on the complaint of the complainant; that medical certificates have been falsely procured by the complainant; that during the course of investigation Muhammad Akhtar, petitioner No,4 was although found present at the spot but apprehended that the injuries attributed to petitioners Nos.1 to 3 are simple in nature.
3. On the other hand learned A.P.-G. Assisted by learned counsel, for the complainant have opposed this bail application.
4. Arguments heard. Record perused.
5. So as Muhammad Akhtar, petitioner No,4 is concerned his presence at the spot is established during the investigation. The allegation against him is of inflicting pistol blow on the head of the complainant, which is supported by the medical report, according to which, there is a lacerated wound 4.8 c.m. Into 1 c.m. On the skull bone exposed. This being the situation recovery is to be effected from Muhammad Akhtar, petitioner No,4. As such no case for grant of pre-arrest bail to the extent of Muhammad Akhtar, petitioner No,4 is made out, as such this application to his extent is dismissed.
6. As regards petitioners Nos.1 to 3 although they are also nominated in the F.I.R. But injuries attributed to them are simple in nature and according to the medical report there is only 1.5 c.m.
Into 0.6 c.m. And laceration. Furthermore, the injuries attributed to these petitioners are on non-vital part of the body. In these circumstances sending the petitioner behind the bars could not serve any useful purpose to the prosecution specially when it has come on record that despite constitution of medical board on the order of Magistrate, the injured did not appear for re- examination. In view of the above circumstances this bail application to the extent of petitioners Nos.1 to 3 is allowed and pre-arrest bail already granted to them is confirmed on their furnishing fresh bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of learned trial Court.