The petitioners seek pre-arrest bail in case FIR No, 473/14 of 07.10.2014 offences under Sections 342, 449, 148 and 149, P.P.C., registered at Police Station Alapa, District Multan on the complaint of one Hafiz Bashir Ahmad son of Ali Muhammad.
2. The prosecution version as mentioned in the F.I.R. Is that the petitioners along with four other accused persons armed with pistols entered in the house of the complainant and started searching the house. The petitioners were allegedly found talking in loud voice that if complainant Hafiz Bashir Ahmad is found by them then they will kill him. It is further contended that when the complainant could not be traced out, the petitioners along with co-accused abducted servants of the complainant Abdul Karim along with Muhammad Imran along with them who were later recovered by the police.
3. Arguments heard. Record perused.
4. Admittedly, the date of occurrence as mentioned in the F.I.R. Is 20.09.2014, whereas, same was reported to police on 07.10.2014 after the delay of 17-days which creates doubt in the veracity of the contents of the F.I.R. This on the record that the complainant Hafiz Shabbir Ahmad previously got lodged F.I.R. No, 284 dated 14.06.2014 offence under Sections 337 H(II), 427, 447, 148 and 149 in Police Station Alapa, District Multan against the petitioners who was later admitted to the pre-arrest bail by the learned Additional Sessions Judge, Multan. Admittedly, there are pending litigations inter se the parties according to which, the complainant had purchased a piece of land from the brother of petitioners against which the Petitioner No, 1 has filed a suit for pre-emption against the complainant which is pending adjudication before the Court of learned Civil Judge, Multan. In the same manner, the petitioner Akmal Raza has also filed a suit for declaration against the complainant and others which is also pending adjudication before the Court of learned Civil Judge, Mult an.
5. Perusal of record further reflects that one of the alleged abductees namely Abdul Karim got recorded his statement under Section 164, Cr.P.C. Before the learned Magistrate concerned in which he deposed that he Abdul Karim was not abducted by the petitioners and no such occurrence has taken place as mentioned in the F.I.R.
6. All the above circumstances, prima facie, depict that the petitioner have been roped by the complainant due to previous enmity between the parties and mala fide intention and ulterior motives on the part of the complainant.
7. For what has been discussed above, the petitioners are entitled to concession of pre-arrest bail.
The ad-interim bail already granted to the petitioner is hereby confirmed subject to furnishing of their bail bonds in the sum of Rs, 100,000/- each with one surety each in like amount to the satisfaction of the learned trial Court.
8. However, it is made clear that the above findings are tentative in nature and shall have no bearing on the trial of the case.