MAZHAR IQBAL SIDHU, J.----Mosheer Ahmad, Sikander Ahmad and Mehram Ali (Ali Muhammad) have sought pre-arrest bail in a case registered vide F.I.R. No 671 dated 8-11-2010 at Police Station City Sadiqabad, Distt. Rahimyar Khan under sections 337A(iii)/148/149, P.P.C. on the complaint of Ilam Din.
2. According to prosecution case, on 20-9-2010 at about 11-30 a.m. when the complainant along with Khameesa and Saleem P.Ws. was sitting in the canteen outside the court in the area of City Sadiqabad and all were eating rice. All of sudden, Munir Ahmad co-accused, Mosheer Ahmad, Sikander (petitioners), Rasheed Ahmad co-accused and Mehram Ali (Ali Muhammad petitioner) came there and Munir Ahmad co-accused gave Soti blow hitting on head of the injured/complainant and thereafter all the accused mentioned in the F.I.R. caused him fist blows.
Occurrence ensued because of previous enmity between the parties.
3. Pre-arrest bail application of the petitioners was .dismissed by the learned lower court. Hence, instant bail application.
4. In support of this bail application, it has been argued that according to the contents of F.I.R., no specific injury has been attributed to either of the petitioners rather the main injury has been attributed to Munir Ahmad who has been found innocent in this case. Further argued that during investigation of this case, petitioners party applied for re-medical examination of the alleged injured/complainant wherein an order was passed by the learned Ilaqa Magistrate directing the injured to be re-examined through standing medical board where injured has not appeared despite summoning repetitively. Further argued that petitioner has joined police investigation and nothing is required to be recovered from them. Hence, pre-arrest bail may be confirmed.
5. Learned D.P.-G. has opposed the bail application on the grounds that petitioners are nominated in the F.I.R.; they have actively participated in the occurrence and medical evidence supports the prosecution version whereas statement of two P.Ws. namely Khameesa and Saleem have been recorded by the I.O. and according to their statements, Mosheer petitioner gave fist blow on the nose of the injured and the same injury has been found to be a fracture by the doctor involving application of section 337A(iii), P.P.C. and offence alleged against the petitioners falls within the prohibitory clause of section 497, Cr.P.C., therefore, their pre-arrest bail may be refused.
6. Heard. Record perused.
7. In this case occurrence took place on 20-9-2010 at about 11-30 a.m. whereas F.I.R. was lodged on 8-11-2010 with a delay of more than 1-1/2 month and about the same no explanation has been given by the prosecution in the case. As per contents of the F.I.R., the petitioners have not been attributed any specific injury though P.Ws. have ascribed injury, to Mosheer Ahmad but Ham Din injured has not attributed any injury to Mosheer Ahmad petitioner. In the subsistence of statement of injured, which has to be given preferentiality over the statement of non-injured person and the same cannot be overthrown. Record reveals that re-medical examination of the victim was ordered and thereafter Medical Board time and again summoned him but he did not put appearance. Investigation has revealed that Munir co-accused whom injury on the head with Sota has been attributed has been found innocent along with Rasheed Ahmad co-accused. Petitioners have not used any weapon during the occurrence and nothing is required to be recovered from them. It appears that element of male fide smacks from the facts and circumstances of the case on part of the complainant to involve the petitioners. Investigation is complete. In these circumstances, relying upon 2000 YLR 1341, instant petition is accepted and pre-arrest bail already granted to the petitioners is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of Ilaqa/Duty Magistrate of Police Station concerned within 15 days commencing from today.