Through this petition the petitioners seek pre-arrest bail in case F.I.R. No. 425 dated 25.7.2011 for the offences under Sections 452/354/ 148/149, P.P.C. at Police Station Saddar, Vehari.
2. Prosecution story as narrated in F.I.R is that the petitioners while armed with pistols and Sotas entered into the house of the complainant and gave beating to daughters and sister of the complainant and as such the case was registered.
3. Learned counsel for the petitioners states that there is dispute between the parties regarding inheritance of land; that both the parties are closely related and case has falsely been registered; that no medico legal certificate of any person is available on record; that there is nothing on record to indicate that any one was injured in this occurrence; that there is unexplained delay of 27-days in lodging of F.I.R. which makes the whole prosecution case highly doubtful; that during investigation it transpired that dispute arose regarding distribution of wheat and no weapon was used and. no one was injured; that only Section 452, P.P.C. is non-bailable and remaining Sections are bailable that during investigation it transpired that no weapon was used so matter at the most falls under Section 451, P.P.C. which is bailable and as such the petitioners are entitled to the concession of bail.
4. On the other hand, learned Deputy Prosecutor General assisted by learned counsel for the complainant states that the complainant is present in Court and states that she was medically examined but learned DPG admits that no medico legal report is available on record; that offence under Section 452, P.P.C. is made out and as such the petitioners are not entitled to the concession of extra ordinary relief of pre-arrest bail.
5. I have heard the arguments of learned counsel for the parties and have also gone through the record. Admittedly, case was registered after unexplained delay of twenty seven days and there is no medico legal report available on record. Police has come to the conclusion at one stage that no weapon was used and occurrence took place due to distribution of wheat. Involvement of the petitioners under Section 452 P.P.C. needs further probe. No useful purpose will be served by sending the petitioners behind the bars at this stage. Matter regarding involvement of the petitioners as to what extent they are responsible can only be determined after recording of evidence. In these circumstances, case of the petitioners remains that of further inquiry.
Consequently, this petition is accepted and ad-interim pre-arrest already granted to the petitioners stands confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 50,000/- (fifty thousand rupees) each with one surety each in the like amount to the satisfaction of learned trial Court.