' TASSADUQ HUSSAIN JILLANI, J.---Petitioner along with six others have been proceeded against in terms of the case registered vide F.I.R. No,184 of 2011 dated 20-4-2001, Police Station Sillanwali, District Sargodha, wherein it was alleged that on the fateful day of crime he along with others trespassed on the complainant's house and injured the complainant party. The co-accused of the petitioner was allowed pre-arrest bail by the learned High Court but the said relief was denied to the petitioner on the ground that though the injury attributed to him is Shujah Khafifa, which is boilable but section 452, Cr.P.C. Was also added in the F.I.R. And no case for bail was made out.
2. Learned counsel for the petitioner seeks pre-arrest bail on the ground that the prosecution is motivated by malice; that the Investigating Officer found the petitioner to be empty handed at the time of occurrence and not caused any injury and section 452, Cr.P.C. Was not liable to be attributed to the petitioner. Learned Additional Prosecutor-General, Punjab submitted that though the investigating officer did give the fore referred finding, yet the concerned DSP has disagreed with the Investigating Officer so for as the application of section 452, Cr.P.C. Is concerned. Learned counsel for the complainant opposed the petition as according to him petitioner along with others trespassed to the complainant's house and caused him injures and no case for pre-arrest bail is made out.
3. Having heard learned counsel for the parties at some length, we find that admittedly the sole injury attributed to the petitioner in terms of F.I.R. Is not only Shujah Khafifa making the offence boilable but even if the I.O. Found that petitioner was empty handed and the said finding has not been varied so. The question of application of section 452, Cr.P.C. Remains a moot point between the two officers i,e, the Investigating Officer and the DSP.
4. In view of the afore-referred findings of the Investigating Officer and the fact that the sole injury attributed attracts only boilable offence, the possibility of petitioner's false involvement for mala fide reasons cannot be ruled out. That being so, this petition is converted into appeal and allowed and, resultantly, the petitioner is admitted to pre-arrest bail, subject to furnishing bail bond in the sum of Rs, 50,000 (Rupees fifty thousand only) with one surety in the like amount, to the satisfaction of the learned trial Court. He shall remain on pre-arrest bail.
Pre-arrest .