' MUHAMMAD ANWAARUL HAQ, J.---Through this petition, Bashir Ahmad petitioner seeks post-arrest bail in case F.I.R.. No,60, dated 4-6-2014, registered at Police Station Haider Abad, District Bhakkar, in respect of offences under Sections 295-A, P.P.C. And Section 16 of the West Pakistan Maintenance of Public Order Ordinance, 1960.
2. Heard. Record perused.
3. According to the contents of the F.I.R., one Mazhar along with four other co-accused all sitting in a car were distributing some pamphlets containing derogatory remarks regarding the religious beliefs of the Muslims on 4-6-2014 in the area of village Mahni. The second part of the F.I.R. Reflects that on interception of the police some objectionable - pamphlets were recovered from the same car driven by the petitioner bearing registration No, LRC-6081.
4. Investigating Officer/Sher Ali, S.I. Present in Court states that he has registered this case on the basis of only two pamphlets out of one hundred, allegedly recovered from the car driven by the petitioner; one titled "Wafat-e-Khatam-ur Rusul (p.b.u.h.)" and other "Allah Ka Ghar our Yeh Dargahain". Both the pamphlets available on the police file written by Dr. Masood-ud Din Usmani, M.B.B.S. Lakhnau, prima facie, reflect expression of an opinion and question regarding such opinion being derogatory or otherwise requires very serious academic consideration by the learned trial court that is only possible after recording of evidence from both the sides who both claim themselves Muslims. I respectfully place reliance on the case of Nasir Ahmed v. The State (1993 SCM R 153) wherein the Hon'ble Supreme Court of Pakistan, in a case under the similar offence, has held as under: - "In this context, in view of the serious question requiring examination in depth, and the offences being punishable with ten years' imprisonment or death, an authoritative pronouncement is called for which is to take place at the trial."
5. I am of the considered view that alleged recovery of such pamphlets from the car of the petitioner or his involvement in distribution thereof with the intent to outrage religious feelings of an other group is an act that keeping in view its nature requires further inquiry into the guilt of the petitioner, if any, within the purview of subsection (2) of section 497, Cr.P.C. Admittedly, the petitioner has no previous criminal record. Offence under section 16 of the West Pakistan Maintenance of Public Order Ordinance, 1960 does not fall within the prohibitory clause of section 497, Cr.P.C. Whereas offence under section 295-A, P.P.C. Entails punishment for a term which may extend to ten years or with fine or with both. It is well settled that where alternate sentence of fine is provided offence would not fall within the prohibitory clause of section 497, Cr.P.C. Stricto sensu.
' Learned Law Officer after consulting the record confirms that no sanction for taking cognizance for offence under section 295-A, P.P.C., has yet been received as required under section 196, Cr.P.C., however, police has sent a request to the concerned authority for the required sanction. Therefore, without commenting upon the merits of the case, I accept this petition and admit the petitioner to post-arrest bail subject to his furnishing bail bond in the sum of Rs,100,000/-- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
6.It is, however, clarified that observations made herein above are just tentative in nature and strictly confined to the disposal of this bail petition.