Through this petition, Munir Ahmed and Hakim Ali petitioners seek pre-arrest bail in case F.I.R. No. 87/12, dated 15.05.2012, registered at Police Station Marrot, District Bahawalnagar, in respect of offences under Sections 337-L(2) and 337-F(v)/34, PPC.
2. Learned counsel for the petitioners contends that the petitioners are innocent and have falsely been roped in this case on the basis of mala fide of the complainant; that in fact it is a case of cross-version and complainant party lodged an attack upon the petitioner's side, wherein both the petitioners also received injuries during the occurrence, and in this regard a Rapt No. 18 was got recorded on 09.05.2012 at 06:15 p.m. by petitioner Munir Ahmad but the complainant did not mention the same in the F.I.R. that itself is sufficient to create doubt about the whole F.I.R.; that allegation mentioned in the F.I.R. against two nominated co-accused of the petitioners Muhammad Bashir and Haji Ameer Ahmad, has already been falsified because during the investigation, they have been found innocent as such story of the prosecution has become highly doubtful; that as per averments of the F.I.R. no specific injury on the person of any injured is attributed to any of the petitioners; that question of vicarious liability of the petitioners is a matter of further inquiry into their guilt. Further contends that exaggerations made in the F.I.R. by the complainant is sufficient to hold that case against the petitioners is based upon mala fide of the complainant and that in the circumstances case against the petitioners is a matter of further inquiry into their guilt.
3. Conversely, learned Law Officer assisted by learned counsel for the complainant opposing this bail application contends that the petitioners are specifically nominated in the F.I.R. with specific role of causing injuries to the complainant Muhammad Hussain and his brother Muhammad Yaqoob injured/PWs; that the petitioners have actively participated in the occurrence, they are vicariously liable for every act of their co-accused; that pre-arrest bail is an extra-ordinary relief and deeper appreciation of the merits of the case at this stage is not proper; that prior condition of pre-arrest bail is to prove mala fide on the part of the complainant or the police that is missing in this case. Learned Law Officer adds that during the occurrence petitioners were armed with Sotas and those are yet to be recovered from them; that cross-version got lodged by the petitioner's side is an attempt to save their skin from the consequences of this F.I.R.
4. Heard. Record perused.
5. Be that as it may, I have noticed that it is a case of cross-version, which was promptly recorded through Rapt No. 18, on 09.05.2012 at 06:15 p.m. by petitioner Munir Ahmad, according to which, both the petitioners also received injuries during the occurrence and Medico-Legal. Reports issued in this regard are available on the record. Bare perusal of the record reflects that both the sides have concealed injuries of each other. As per averments of the F.I.R., collective role has been assigned to the petitioners. During the investigation, two nominated co-accused of the petitioners namely Muhammad Bashir and Haji Ameer Ahmad, have been found innocent. Furthermore, during the investigation, Investigating Officer remained fail to ascertain the question of aggression. In this view of the matter, only the learned trial Court can validly determine which party was actually aggressor and originator of this occurrence.
Therefore, keeping in view the peculiar circumstances of this case, without further commenting upon the merits of the case, to avoid any prejudice to either side, ad-interim pre-arrest bail already allowed to the petitioners by this Court vide order dated 17.08.2012, is confirmed subject to their furnishing fresh 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/Area Magistrate within a period of fifteen days from today.
6. It is, however, clarified that observations made herein are just tentative in nature and strictly confined to the disposal of this bail petition.