' Crl. Misc. No, 3617-M/2016 ' Through instant application, the petitioner seeks permission to place on record certain documents. The instant application is allowed subject to all just and legal exceptions.
' Main Case ' Munawar Hussain petitioner seeks his bail before arrest in case FIR No, 415 dated 13.07.2016 registered under Sections 337-F(iii), 337-A(i), 452, 34, PPC at Police Station Saddar Depalpur, Okara.
2. The brief facts of the FIR are that the present petitioner alongwith his co-accused while armed with their respective weapons trespassed into the house of the complainant and injured him. The specific allegation leveled against the petitioner is that he while raising lalkara gave two blows of hammer(test) which landed on the forehead and cheek of the complainant Zafar Iqbal.
3. Arguments heard. Record perused.
4. There is an unexplainable delay of two days in the registration of the FIR.
5. Four accused have been nominated in this FIR. Co-accused Hakim Ali is father of the petitioner whereas other co-accused Umair and Aqeel are brothers of the petitioners. It is a general trend in our society to throw the net as wide as possible so as to implicate maximum people from the family of the accused. Prima facie it appears that same has been done in this case as well.
6. Co-accused Hakim Ali, Umair and Aqeel have been granted pre-arrest bail by the learned Additional Sessions Judge, Depalpur vide order dated 08.09.2016. The said bail granting order has not been assailed by the complainant.
7. The complainant is real paternal uncle of the petitioner and both the parties are living in adjoining houses hence, applicability of Section 452, PPC shall be determined by the trial Court after recording of evidence of the parties.
8. According to the medico legal report of the injured, the injury attributed to the present petitioner on the forehead of the complainant was declared under Section 337-F(iii), PPC. A medical board was then constituted to re-examine the injured after which the injury attributed to the petitioner on the forehead of the injured was declared under Section 337-A(i), PPC which is a bailable offence..
The second injury attributed to the present petitioner on the cheek of the injured has been declared under Section 337-A(i), PPC which is also a bailable offence.
9. A civil suit has been filed by co-accused Hakim Ali regarding partition of an inherited property which is pending adjudication between the parties. It is pertinent to mentioned here that the civil suit was filed on 11.01.2016 while the present FIR has been registered on 13.07.2016.
10. A cross version was recorded on 11.07.2016 in which the present petitioner is the complainant as well as the injured and in this regard, medico legal report of the petitioner is on the record.
11. This is a case of two versions. It is difficult to ascertain at this stage as to who were the aggressors and this can only be ascertained by the trial Court after recording of evidence. Reliance is placed upon "Hamza Ali Hamza and others versus The State" (2010 SCM R 1219).
12. Imprisonment is not mandatory in hurt cases. Reliance is placed upon "Ali Muhammad versus The State" (PLD 2009 Lahore 312). It will be determined by the trial Court after recording of evidence as to which sentence is appropriate, imprisonment, fine or both.
13. The petitioner is a non-convict and by sending him behind the bars would not serve any useful purpose.
14. In view of the above, mala fide of the complainant and the police for falsely implicating the petitioner in this case cannot be ruled out.
15. For what has been discussed above, this petition is allowed and the ad-interim pre-arrest bail already allowed to the petitioner Munawar Hussain is confirmed subject to his furnishing fresh bail bond in the sum of Rs, 2,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court.
16. However, it is made clear that the above findings are tentative in nature and shall not prejudice the police investigation or the trial Court in any way