Through this petition filed under Section 498, Cr.P.C, the petitioners Shahid Maseeh and Yasir seek pre-arrest bail in FIR No, 1030/2012, dated 12.09.2012, for offence under Sections 337-A(ii), 337- L(ii), 148, 149, PPC registered at Police Station Ghulam Muhammadabad, District Faisalabad.
2. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely roped in this case. The instant FIR has been lodged by the complainant against the petitioners with mala fide intention and ulterior motives. The petitioners have been charged with the offences which do not fall within the prohibitory clause of Section 497, Cr.P.C. The allegation levelled against the petitioners is of a general nature as no specific injury has been attributed to them. The case of the petitioners is at par with that of two .co-accused Zahid alias Mithu and Soneel alias Sunny who have earlier been allowed bail by the learned Additional Sessions Judge, Faisalabad vide order = dated 06.11.2012.
3. No one has entered appearance on behalf of the complainant although the name of the learned counsel for the complainant duly reflects in the Cause List.
4. The learned Additional Prosecutor General has opposed this petition by submitting that the petitioners are named in the FIR and a specific role has been attributed to them. The petitioners have been found to be guilty during the investigation which has taken place. There is no malafide on the part of the complainant to have lodged a false case against the petitioners.
5. After hearing the learned counsel for the petitioner, the learned Additional Prosecutor General and perusing the record it is clear that no specific injury has been attributed to the petitioners.
According to the FIR only a general role has been assigned to the petitioners. The petitioners have been charged with offences which do not fall within the prohibitory clause of Section 497, Cr.P.C. It has strongly been asserted by the learned counsel for the petitioners that the FIR has been lodged against the petitioners by the complainant with malafide intention and ulterior motives. An injury stated to have been caused on the head of the complainant classified as 337-A(ii), PPC has been attributed to a co-accused Irfan. The case of the petitioners is at par with that of co-accused Zahid alias Mithu and Soneel alias Sunny who have earlier been allowed bail by the learned Additional Sessions Judge, Faisalabad vide order dated 06.11.2012, hence on the principle of consistency and parity, the petitioners would also be entitled to bail as has been held by this Court in Bhutta and another Vs. The State and another (2010 YLR 2108) and by the august Supreme Court of Pakistan in Muhammad Daud & 173). An assertion made by the learned counsel for the petitioners that the petitioners are ' previous non-convict has not been negated by the learned Additional Prosecutor General.
6. For what has been stated above, this petition is accepted and ad-interim pre-arrest bail earlier granted to the petitioners vide order dated 04.12.2012 is hereby confirmed subject to their furnishing bail bonds in the sum of Rs,50,000/- (rupees fifty thousands) each with one surety each in the like amount to the satisfaction of the learned trial Court.