' ABDUL SAMI KHAN, J.---Through this petition under Section 498, Cr.P.C. Qayyum and Faisal petitioners have sought pre-arrest bail in case FIR No,260/15, dated 20.07.2015 registered at Police Station Zafarwal, District Narowal in respect of offences under Sections 337A(ii), 337F(i), 337F(iii), 337L(2), 148, 149, P.P.C.
2. I have heard the learned counsel for the parties and have gone through the record of this case with their able assistance. This is bail before arrest, deeper appreciation of evidence is not allowed and only tentative assessm ent is required at this stage. It has been noticed that there is a delay of twelve days in registration of FIR, which has not been explained by the complainant, which prima facie shows that the FIR has been got recorded after due deliberation and consultation. Moreso, no specific role in the commission of alleged occurrence has been assigned to the present petitioners and only general allegation of giving beating to the complainant and his companions is leveled against the petitioners and their ten other co-accused. Civil litigation is pending between the parties and that can be the reason for false implication of the petitioners by the complainant in the instant case by spreading the net wide. The person of the petitioner cannot be handed over to police only for the purpose of effecting recovery, which otherwise has lost relevancy with the passage of time as occurrence in this case took place on 08.07.2015. In such situation, recovery of weapons of offence i.e, "danday, sotay" is of little .Help to the prosecution. In this regard, reliance can be placed on 2014 SCM R 1349. Admittedly the petitioners are previous non-convict and never involved in any other case of such like nature, therefore, section 337N(2), P.P.C. Comes to their rescue as they are not previous convicts, neither they are hardened, dangerous, desperate criminals nor they have committed the alleged offence on the pretext of honour. They have already joined the investigation, which is complete to their extent, therefore, no useful purpose would be served by sending them behind the bars so as to enable them to come out of jail on post arrest bail after few days.
3. For what has been discussed above, false implication of the petitioners by the complainant with ulterior motive and mala fide intention cannot be ruled out of consideration, therefore, the ad interim pre-arrest bail already granted to the petitioners is confirmed subject to furnishing bail bonds in the sum of Rs,50,000/- (Rupees fifty thousand only) each with one surety 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.