' ABDUL SAMI KHAN, J.---Through this petition under section 498, Cr.P.C. The petitioner has sought bail before arrest in case FIR No,499/2015, dated 19.10.2015 registered at Police Station Mustafa Abad, District Kasur for the offences under sections 337-F(vi), 337-L(2), 148, 149, P.P.C.
2. I have heard the learned counsel for the petitioner, learned Deputy Prosecutor General and learned counsel for the complainant and have also 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 reporting the matter to the police, which has not been explained by the complainant, which prima facie shows that the FIR has been lodged after due deliberation and consultation. As per FIR, the petitioner was armed with pistol 30 bore, whereas the injuries on the person of Muhammad Waqas complainant/ injured has been caused with iron-bar. The petitioner along with his two brothers and father has been involved by in this case and possibility cannot be ruled out of consideration that the complainant has widened the net to involve the whole family in this case. Even otherwise, no specific role during the alleged occurrence has been assigned to the petitioner, therefore, his vicarious liability in the commission of alleged occurrence shall be determined by the learned trial Court after recording evidence. Admittedly the petitioner is previous non- convict; neither he is hardened, dangerous, desperate criminal nor he has committed the alleged offence on the pretext of honour, therefore, section 337N(2), P.P.C. Also comes to his rescue. As there is no allegation of using pistol .30 bore by the petitioner at the time of occurrence 'and no empty could be collected by the Investigating Officer from the place of occurrence, recovery of weapon with which the petitioner was allegedly armed at the time of occurrence is of little help to the case of the prosecution. The petitioner has already joined the investigation, which is complete to his extent, 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, keeping in view the provisions of section 337N(2), P.P.C., this petition is allowed and ad-interim pre-arrest bail already granted to the petitioner vide this Court's order dated 19.11.2015 is hereby confirmed subject to furnishing bail bonds in the sum of Rs,100,000/- (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.