Through this petition, Muhammad Nadem and Muhammad Madni petitioners seek their pre-arrest bail in case FIR No, 454/2016 dated 17.12.2016, in respect of offences under Sections 337-F(v), 337F(ii), 337-F(i), 337-L(ii), 34, PPC registered at Police Station, Khan Garh, District Muzaffargarh.
Brief facts of the case as contained in the FIR are that on 11.12.2016 at 6:30 p.m, the complainant along with his father-in-law namely Zafar Hussain was going to Pir Colony, when they reached near Karina market, both the petitioners emerged there and in furtherance of their common intention assaulted upon the complainant party. Muhammad Nadeem inflicted consecutive scissor blows on complainant's left shoulder abdomen, upper part of left buttock, left leg, and left upper thigh, etc, whereas Muhammad Madni molded his right hand. Upon there hue and cry Nazar Hussain and Muhammad Farooq PW's attracted the place of occurrence. Hence this case was registered, 3.Heard, Record perused, 4, At the very outset learned counsel for the petitioner does not press this petition to the extent of Petitioner No 1 i,e Muhammad Nadeem, the same is dismissed as having been withdrawn.
5. Admittedly, Petitioner No 2 has been shown to be empty handed at the time of occurrence and alleged to have twisted right hand of the complainant, who was medically examined and the injury attributed to the petitioner was declared to be falling under Section 337.L (ii), PPC, which is bailable in nature and in such like offences no discretion lies with the Court to be 'exercised except to grant bail. The involvement of the petitioners seems to be tainted with males fide intention on the basis of some ulterior motives. He has already joined the investigation. Nothing is to be recovered from him and no purpose would be served to send the petitioner behind the bars.
6.For the foregoing reasons the petition in hand is allowed and the concession of ad-interim pre- arrest bail already granted to the petitioner vide order dated 01.02.2017 is thereby confirmed, subject to his furnishing fresh 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 the trial Court.