Petitioner seeks bail before arrest in case FIR No, 462 dated 24.10.2008 registered under Sections 337-F(i)/F (iii)/ F(v)/A(i)/L(ii)/34 PPC at Police Station Saddar Burewala, District Vehari.
2. Briefly, as per FIR, the allegation against the petitioner is that he along with his other co-accused caused injuries to the complainant and Abdul Raheem PW.
3. Learned counsel for the petitioner contends that there is delay of two days in lodging the FIR; that the petitioner also suffered injuries during the present occurrence which have been suppressed by the complainant in the FIR and the statements of the PWs recorded under Section 161 Cr.P.C; that the petitioner was seriously injured during the present occurrence; that he was medically examined; That he installed the cross-version before the police which is well supported by the medical evidence and the statements of the witnesses recorded under Section 161 Cr.P.C. He also submits that the petitioner is respectable person and he is being harassed and humiliated by the complainant party to disgrace him. Learned counsel relied upon Kashif Vs. State (Crl. Misc. No, 35- B/2009) and Muhammad Ramzan Vs. Zafar Ullah and others (1986 S.C.M.R. 1380). He.prays that the petitioner is entitled for bail before arrest.
4. Conversely, learned DPG assisted by the learned counsel for the complainant vehemently opposed this bail petition on the ground that petitioner is named in FIR; that a specific role is attributed to him; that he caused injury below the right eye of the complainant /and also inflicted a hatchet blow from its wrong side on the left hand of the complainant. He also submits that the petitioner also injured Abdul Raheem and caused injury on his right hand; that the petitioner also resorted to aerial firing to cause harassment at the spot of incident and that the offences alleged against the petitioner are non-bailable and that in like cases grant of bail is not right of the petitioner; that pre-arrest bail is extra ordinary concession which is meant to protect innocent person and during the investigation, the petitioner has been found to be guilty. He prays that the pre-arrest bail already allowed to the petitioner be recalled and he be given into the custody of police for the recovery of weapon of offence.
5. Arguments heard. Record perused.
6. The petitioner was statedly armed with a hatchet and he caused injury with its wrong side below the left eye of Nisar complainant. A perusal of medico-legal report indicates that a linear abrasion 1.7 cm X 0.1 cm was observed by the Medical Officer below right eye. The question as to whether this injury has been caused by the petitioner with the help of a hatchet while using it from its wrong side shall be determined by the learned trial Court at the time of conducting trial. The other injury which was statedly suffered by the complainant on his right hand does not exist. abrasion 4.5 cm X 0.1 cm with swelling of 3 cm X 3 cm on outer part of left arm was seen. As per Medical Officer, below this injury, no fracture was observed. It is further observed that the petitioner suffered injuries during the present occurrence. The complainant party concealed his injuries and did not disclose these injuries during the recording of statements u/S. 154 Cr.P.C. and 161 Cr.P.C. The concealment of injuries of the petitioner makes the matter doubtful. It also observed that the petitioner appeared before the Investigating Officer and installed a cross-version which is well supported by the statements of other witnesses and the medical evidence. Relying upon the judgments ibid, this Court is of the view that the involvement of the petitioner in this case appears to be result of mala fide of the police and the complainant party. The guilt or innocence of the petitioner well be finally adjudicated upon by the learned trial Court. At present, the petitioner has succeeded in making out a case for the grant of pre-arrest bail.
7. Resultantly, ad-interim pre-arrest bail already granted to the petitioner is, hereby, confirmed. The petitioner shall submit fresh bail bonds in the sum of Rs, 1,00,000/- (Rupees One lac only) with one surety in the like amount to the satisfaction of learned Illaqa/Duty Magistrate.