Through the instant petition, the petitioner-Mukhtiar Ahmad, seeks his pre-arrest bail in a case arising out of FIR No, 183, dated 24.06.2011, registered with Police Station Bhong, District Rahim Yar Khan, under Sections 506-B, 186, 337-H (ii), 148,149, P.P.0
2. Arguments heard. Record perused.
3. Allegedly, as per prosecution story, the petitioner was tried to be apprehended but the decamped from the scene of occurrence. I have noticed that the petitioner, prima facie, is a disabled person, who has been involved in the present case along with his three real brothers namely Ghulam Nabi, Naseer Ahmad and Nazir Ahmad. On a Court question, the learned Deputy Prosecutor General after having a look at the petitioner remained unable to controvert that the petitioner is incapable to move about. In these circumstances, it looks implausible that the petitioner could run away in the presence of police officials.
4. It has been alleged in the FIR that the petitioner made two fire-shots in the air in the presence of police party but no empty was recovered from the spot. Apparently, the possibility of false involvement of the petitioner in the present case cannot be ruled-out. Even otherwise, the co- accused of the petitioner namely Ghulam Nabi, Naseer Ahmed and Nazeer Ahmad have been released on post-arrest bail. No useful purpose would be served if custody of the petitioner is handed over to the police while refusing his bail application, as he would again be allowed bail on the ground that his co-accused, placed in similar position, had already been released on bail. The offences do not fall within the prohibitory clause of Section 497(1), Cr.P.C. I think this to be a fit case for the grant of anticipatory bail to the petitioner, as the mala fide is understandable from the facts stated above B. ,ides, the matter requires further probe into the guilt of the petitioner.
5. In view of the above, this petition is accepted and the ad-interim pre-arrest bail, already granted to the petitioner vide order dated 15.08.2011, passed by this Court, is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.