Through this petition, the petitioners, Saifulmalook and Saeedullah alias Maja (Muhammad Saeed) seek pre-arrest bail in case FIR No, 145 dated 21.4.2010 under Sections 337-L(ii), 337-A(ii), 337-A(i) read with Section 34 PPC registered at Police Station Sadar Mianchannu, District Khanewal.
2. The allegation against the petitioners is that on the day of occurrence when Abid Shehzad son of the complainant was on his way home, petitioners along the co-accused assaulted Abid Shehzad.
Saifulmalook accused/petitioner injured Abid Shehzad on his chin and on his left elbow with his iron rod. Saeed Ullah accused/petitioner injured Abid Shehzad on his left shoulder.
3. It is contended by the learned counsel for the petitioners that none of the offences mentioned in the FIR fall under Prohibitory Clause of Section 497 Cr.P.C. It is further contended that under Section 337- N(ii) in all case of hurt, the punishment would be by way of Arsh and Daman and punishment' by imprisonment would be awarded only in cases where the accused is a previous convict or a hardened desperate criminal. He also contends that case of the petitioner does not fall in category of previous convict. It is further submitted that the petitioners have been joining the investigation; that the petitioners have falsely been involved in the instant case with the malafide of the complainant and the Police as some days prior to the alleged occurrence a fight had taken place between the parties, on which and a written complaint was lodged by the petitioners' side before the Police.
4. The grant of bail is vehemently opposed by the learned counsel for the complainant and the learned law officer. It is contended that both the petitioners have been nominated in the FIR which was recorded promptly; that Abid Shehzad has sustained eight injuries on various parts of his body at the hands of the petitioners; and that recovery is vet to be effected from the petitioners/accused.
5. I have heard the learned counsel for the parties as well as learned law officer and have also gone through the record.
6. The malafide on the part of the Police and the complainant finds a mention in the FIR. None of the injuries mentioned in the FIR fall within the Prohibitory Clause of Section 497 Cr.P.C. In view of the Provisions of Section 337-N(ii) PPC and the ratio of the judgment cited by the learned counsel for the petitioner "2007 M LD 1067 Lahore titled (Muhammad Yaqoob and 4 others. Vs. State), I am inclined to confirm the ad-interim pre-arrest bail granted to the petitioners vide order dated 14.7.2010 subject to their furnishing fresh bail bonds in the sum of Rs, 1,00,000/- (one lac) each with one surety each in the like amount to the satisfaction of the learned trial Court.
7. Petition accepted.