Through this petition under Section 498 Cr.P.C. the petitioner has sought bail before arrest in case FIR No. 452/15, dated 14.10.2015 registered at Police Station Nishat Abad, Faisalabad for the offences under Sections 337 A(III), 337 A(I), 337 L(II), 337 F(I), 148, 149 PPC.
2. I have heard the learned counsel for the parties and learned Deputy Prosecutor General and have gone through the record with their able assistance. This is bail before arrest and only tentative assessment is required at this stage. It has been noticed that although the petitioner is named in FIR, yet the fact remains that there is a delay of four days in lodging of the FIR, which has not been explained by the complainant, which prima facie shows that the FIR has been lodged after due deliberation and consultation. It has been noticed by this Court that the main injury under section 337 A(III) PPC is attributed to co-accused Abdur Razzaq while the other offences are bailable in nature. It is settled law that vicarious liability and sharing common intention of the petitioner with his co-accused shall be determined by the learned trial Court after recording evidence. Petitioner has been involved in this case alongwith his three real brothers and father , so possibility cannot be ruled out of consideration that he has been roped by the complainant with malafide inten tion after widening the net which is common practice in our society . Admittedly the petitioner is previous non-convict, hence section 337N (2) PPC also comes to the rescue of petitioner and under the law the petitioner cannot be sentenced to imprisonment rather he can only directed to pay Arsh or Daman in this case as neith er he is hardened, dangerous, desperate criminal nor he has committed the alleged offence on the pretext of honour . He has joined the investigation of the case; therefore, no useful purpose would be served by sending him behind the bars so as to enable him to come out of jail on post arrest bail after few days.
3. For what has been discussed above, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioner vide this Court' s order dated 15.12.2015 is hereby confirmed subject to his furnishing bail bonds in the sum of Rs.1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of learned Trial Court/ Area Magistrate.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.