' Through this petition under Section 498, Cr.P.C. The petitioners have sought pre-arrest bail in case FIR No, 146/14 dated 31.07.2014 under Sections 337-F(i), 337-F(ii), 337-A(i), 324, 148, 149, 381-A and 411, PPC registered at Police Station Mela, District Sargodha.
2. I have heard the learned counsel for the parties and have, also gone through the record of this case with their able assistance. This is bail before arrest and only tentative assessment is allowed at this stage. It has been noticed by this Court that no specific role is attributed to the petitioners.
Only a joint role of firing at the complainant is attributed to them alongwith their co-accused. It has also come on record that after the registration of FIR cross-version was also recorded by the petitioner side. It is a case of two versions one put forward by the complainant of the FIR and the other in the shape of cross-version recorded by the petitioner side and which version is correct is to be determined by the learned trial Court after recording evidence. During investigation co- accused of the petitioners namely Sarang, Bilal, Pervaiz, Ikram Ullah and Ramzan have been declared innocent by the Investigating Officer, which shows that the complainant has exaggerated the occurrence in order to prevail upon the petitioner side. Co-accused of the petitioners namely Sana Ullah has been allowed post-arrest bail by this Court vide order dated 10.12.2014 passed in Criminal Miscellaneous No, 15876 of 2014. The petitioners cannot be handed over to the police only for the purpose of effecting recovery so as to enable them to come out of the jail after few days.
The question of sharing common intention with their co-accused shall be determined by the learned trial Court after recording evidence False implication of the petitioners by the complainant after joining hands with the police by widening the net cannot be ruled out of consideration.
Admittedly the petitioners are previous non-convicts. They have already joined the investigation.
No useful purpose would be served by sending them behind the bars.
3. For what has been discussed above, the ad-interim pre-arrest bail already granted to the petitioners vide this Court's order dated 30.03.2015 is confirmed subject to their furnishing bail bonds in the sum of Rs, 100,000/- (Rupees one hundred thousand only each with two sureties each in the like amount to the satisfaction of the learned trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.