1. SARDAR MUHAMMAD SHAMIM KHAN, J.---Hafiz Iqbal Ahmad and Ishtiaq Ahmad, petitioners have sought their bail before arrest through two separate bail petitions.. As both petitions are outcome of one and the same F.I.R., so, both petitions are being disposed of through this single order.
2. 2.Petitioners seek their bail before arrest in case F.I.R. No,374 of 2010 dated 3-7-2010 for the offences under sections 337-A(II)(1), 337-L(II) and 34 of P.P.C. registered at Police Station Chehliyak, Multan.
3. 3.As per F.I.R., on 1-7-2010 at about 11-00 p.m. Hafiz Muhammad Iqbal, petitioner armed with pistol whereas Ishtiaq Ansari, petitioner armed with Saria along with one unknown person criminally trespassed into the house of the complainant. The allegation against Hafiz Muhammad Iqbal, petitioner is that he inflicted injury on the backside of head of the complainant with butt blow of his pistol whereas Ishtiaq Ansari, petitioner along with one unknown person -inflicted injuries on the shoulder and back of chest of the complainant with Saria blows.
4. 4.Learned counsel for Hafiz Muhammad Iqbal, petitioner submits that a false case has been registered against the petitioners on the basis of mala fides as there was litigation of complainant with Muhammad Imran, relative of the petitioner regarding the cheques; that offence alleged against Hafiz Muhammad Iqbal, petitioner does not fall within the purview of prohibitory clause of section 497 of Cr.P.C. that the petitioner submitted an application for re-examination of injured/ complainant and complainant was re-examined by the medical board; that as per report of medical board no duration of injuries had been mentioned, so, the case of petitioner comes within the purview of further inquiry. It has further been contended that the petitioner is the Principal of a private school and is a respectable citizen, so, he has prayed for grant of pre-arrest bail.
5. 5.Learned counsel for petitioner appearing on behalf of Ishtiaq Ahmad, submits that there is no specific allegation against Ishtiaq Ansari, petitioner of causing injuries on the person of the complainant rather there is allegation that he along with unknown accused person caused injuries on the person of the complainant, that all the injuries attributed to petitioner Ishtiaq Ansari and one unknown person are simple in nature and fall within the ambit of bailable offences; that vicarious liability can not be adjudged at bail stage; that the petitioner has been involved in this case on the basis of mala fides, so, he is entitled to the grant of pre-arrest bail.
6. 6.Learned DPG assisted by learned counsel for the complainant have opposed the grant of bail to the petitioners on the grounds that both petitioners are specifically nominated in the F.I.R.; that there is specific allegations against both petitioners that they caused injuries on the person of the complainant; that injury attributed to Hafiz Muhammad Iqbal, petitioner was declared Shuja Madihah by the doctor which comes within the ambit of section 337-A(H) of P.P.C.; that a medical board was constituted on the application submitted by Hafiz Muhammad 'Iqbal, petitioner and the medical board has confirmed the opinion of the doctor, who, conducted medical examination of the complainant; that recovery of pistol is also yet to be effected from the possession of Hafiz Muhammad Iqbal, petitioner, so; both petitioners are not entitled to the grant of extra ordinary concession of pre-arrest bail 7.I have heard the learned counsel for the parties and perused the record.
7. 8.The allegation against Hafiz-Muhammad Iqbal petitioner is that he was armed with pistol and he inflicted butt blow on the backside of head of the complainant. Injury attributed to Hafiz Muhammad Iqbal comes within the ambit of section 337-A(ii) of P.P.C. A medical board was also constituted on the application of Hafiz Muhammad Iqbal, petitioner and according to the opinion of medical board "nothing to disagree with the report of initial medical examiner regarding injury No,1." This injury No,1 was attributed to Hafiz Muhammad Iqbal, petitioner. Recovery of pistol is also yet to be recovered from the possession of Hafiz Muhammad Iqbal, so, the petition moved by Hafiz Muhammad Iqbal, is dismissed.'Ad interim pre-arrest bail granted to the petitioner vide order dated 4-10-2010 is re called.
8. 9.So far as Ishtiaq Ansari, petitioner is concerned, no specific allegation has been levelled against him. There is general allegation against Ishtiaq Ansari, petitioner that he along with one unknown person inflicted injuries with Saria blow on the. person of the complainant. Perusal of medico legal report reveals that injured/complainant received five injuries. Injury No,1 was attributed to co- accused Hafiz Muhammad Iqbal, whereas injuries Nos.2 to 5 attributed to Ishtiaq Ansari and one unknown 'person were simple in nature and these injuries fall within the purview of bailable offences. So, petition of Ishtiaq Ansari, petitioner is accepted and ad interim pre-arrest already granted to the petitioner vide order dated 4-10-2010 is confirmed subject to his fresh bail bonds in the sum of Rs,30,000 with one surety in the like amount to the satisfaction of the learned trial Court.