' SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Apprehending their arrest at the hands of police, Ghulam Mustafa and Mazhar Hussain petitioner's, by means of instant petition, seek their pre-arrest bail in case F.I.R. No,538, dated 13-10-2011, offence under sections 337-A(i), 337-F(v), 337-L(2), 452, 148, 149, P.P.C., registered with Police Station Saddar Arifwala, District Pakpattan Sharif, lodged by Muhammad Abbas son of Mukhtar Ahmad, complainant/respondent No .2 .
2. Brief facts of the case as contained in the F.I.R. Are that on 8-10-2011 at 8-00/9-00 a.m. The complainant along with Mst. Ayesha Bibi, Razia Bibi, Bashiran Bibi and Maqbool Ahmed was present in his house. In the meanwhile Muhammad Ramzan, Mustafa, Abdul Rehman, Murtaza and Mazhar Hussain armed with sotas with unknown persons, armed with firearms came-there, who tried to block the path and some portion of house of the complainant on which the complainant and others forbade them to do so. Due to this accused persons attacked upon Bashiran Bibi, Ayesha Bibi and Razia Bibi. Abdul Rehman gave a sota blow to Maqbool hitting him on left side of chest; whereby his rib was broken. Mustafa gave a sota blow to the complainant which landed on left side of his head and right leg. In the meanwhile the complainant and Maqbool Ahmed, in order to save themselves, entered their house on which Ramzan, Murtaza, Mazhar Hussain, Mustafa and Abdul Rehman followed them and trespassed into the house and thereby inflicted injuries on the person of Razia Bibi, Bashiran Bibi and Ayesha Bibi. The accused persons also dragged Ayesha Bibi, Razia Bibi and Bashiran Bibi inside the house; whereby their clothes were torn and they sustained injuries.
3. Learned counsel for the petitioners submits that the petitioner& are innocent and have falsely been involved in this case by the complainant for satisfying ulterior motives, which even otherwise was lodged after a delay of five days without plausible explanation. Learned counsel vehemently contends that as a matter of fact the complainant party was aggressor, which fact has also been found correct during the course of investigation carried out by ADSP, Organized Crime. It is next submitted that the prosecution story qua trespassing into the house of the complainant is also incorrect and the Investigating Officer arrived at the conclusion that provisions of section 452, P.P.C., are not attracted to the facts of the case. It is further argued that even the petitioners have not been ascribed any specific role and Mazhar Hussain petitioner is juvenile as he is 16 years of age. The next argument of learned counsel for the petitioners is that one of the accused namely Muhammad Ramzan had filed a civil suit against the complainant party on 6-10-2011 and the registration of the instant case is nothing but a counterblast. In the end, learned counsel for the petitioners submits that mala fide of the complainant is, apparent and case of the petitioners is fit for the relief prayed Conversely, learned Additional Prosecutor-General assisted by learned counsel for the complainant vehemently opposes this petition with the contentions that the petitioners are named in the F.I.R., who while trespassing into the house of the complainant inflicted injuries on the person of women-folk. Learned counsel for the complainant contends that case against the petitioners attracts prohibition contained in subsection (1) of section 497, Cr.P.C, therefore, they are not entitled to the extraordinary relief of pre-arrest bail.
4. Arguments advanced pro and contra have been heard. I have also gone through the record available on file.
5. There is no denial to the fact that the petitioners are-nominated in the F.I.R., however, admittedly the same was lodged after 5 days of the occurrence and there is no explanation for such a delay.
Perusal of record reflects that no specific role has been ascribed to either of the petitioners. Fact also remains that the complainant party being dissatisfied with the investigation carried out by Feroze Khan Sub-Inspector moved an application, which was referred to DSP Organized Crime Pakpattan. Sharif and according to his investigation, the complainant party was aggressor.
Moreover, he also arrived at the conclusion that provisions of section 452, P.P.C., are not made out.
6. Even otherwise, learned counsel for the petitioners has placed on record copy of civil suit filed by Muhammad Ramzan, co-accused, against Maqbool Ahmed and Mukhtar, Ahmed, P.'Ws. Regarding the same property,. Which admittedly was filed on 6-10-2011 i.e, two days prior to the date of alleged occurrence. The contention of learned counsel for the petitioners subsequent to lodging of crime report by the complainant is a counterblast to the civil suit, in the peculiar circumstances of the case, has much weight. Moreover, as per birth certificate placed on the record, Mazhar Hussain petitioner is only 16 years of age.
7. As far as contention of learned counsel for the complainant that this is a pre-arrest bail, which is extraordinary 'relief and the same has to be granted sparingly is concerned, it is worth mentioning that no doubt the mala fide is a sine qua non for grant of pre-arrest bail but it is settled principle of law that the court can even look and evaluate the same from the facts and circumstances of the case, which apparently is oozing in this case. Moreover there is abundant case-law for. The proposition that apprehension of arrest of an accused being for ulterior motive, for example, that of humiliation and unjustified harassm ent is a sine qua non for pre-arrest bail. Respectful reliance in this regard is placed on the landmark judgment of the august Supreme Court of Pakistan in the case of Aimal .Khan v. Liaquat Hayat and another (PLD 1998 SC 97). Similar view was affirmed by the apex Court of the Country in the case of Syed Muhammad Firdaus and others v. The State (2005 SCM R 784) in the following terms:- "Bail before arrest---Principles--Arrest for ulterior motives such as humiliation and unjustified harassm ent is a valid consideration for grant of pre-arrest bail."
8. For the foregoing reasons, .I am persuaded to hold that it is a fit case to extend the relief of pre- arrest bail. Resultantly by accepting this petition ad-interim bail already granted to Ghulam Mustafa and Mazhar Hussain petitioners in terms of order dated 18-1-2012 is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs,1,00,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.
' Pre-arrest .