Petitioners Abdul Ghafoor and Shamshad Hussain @ Irshad through the instant petition have sought for pre-arrest bail in private complaint under Section 337-A(i), 337-F(v), 148, 149, PPC.
2. Precisely, the allegation against the petitioners as per the complaint is that on 30.3.2011 at about 8.30 PM, the petitioners alongwith their co-accused, in prosecution of their common object, have caused injuries to the complainant, Atif and Ghulam Abbas, the brother of the complainant.
3. After hearing the learned counsel for the parties and perusing the record, I find that during the investigation, the police have found the version as contained in the FIR No, 72/2011 registered under Sections 337-A(i), 337-F(v), 148, 149, PPC incorrect whereupon Atif, brother of the complainant in the challan case, has filed the private complaint against the petitioners and others. Moreover, there is also cross version from the petitioners' side regarding the same occurrence and the police have found it true. So, the question of which of the party was aggressor and which has been aggressed upon is to be determined by the learned trial Court after recording the evidence of the parties.
Further there is also contradiction in between the version as contained in the FIR and the private complaint. In these circumstances, prima facie, the mala fide and ulterior motive on the part of the complainant cannot be ruled out.
4. The ASI, present in Court, has submitted that the petitioners have joined the investigation and are no more required for any further purpose of the same. So, the handing over the custody of the petitioners to the police would not serve any useful purpose to the prosecution. In this regard, reference can be made to the case of 'Muhammad Muddasar Vs. The State and others (2011 SCM R 1513).
5. I, therefore, accept this petition and confirm the ad-interim pre-arrest bail already allowed to the petitioners vide order dated 1.3.2012 subject to their furnishing 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 the learned trial Court.