1. Through this petition, Munir Ahmed, the petitioner seeks pre-arrest bail in case F.I.R. No. 76 dated 23.02.2015, under Sections 452, 337-A(i), 337-L(ii), 148 & 149, PPC registered at Police Station Lundianwala, District Faisalabad.
2. Briefly, the allegation against the petitioner as per contents of FIR is that on 14.02:2015 at about 07:00 a.m, he along with co-accused forcibly entered into the house of complainant and caused injuries on the person of Mst. Parveen Bibi, wife of complainant.
2. 3.Heard. Record perused.
3. 4.I have noticed that the petitioner is father of co-accused Mohammad Naeem who is husband of Shabana Bibi, living separately with her parents, niece of the complainant which reveals that both the parties are closely related to each other. In this view of the matter, culpability of petitioner under Section 452, PPC is to be looked in by the learned trial Court after recording the evidence.
4. Even otherwise the offence under Section 452, PPC does not fall under the prohibitory clause of Section 497, Cr.P.C. The injury attributed to the petitioner constitutes the offence under Section 337- A(i), PPC, a bailable one. Muhammad Naeem son of present petitioner also sustained injuries during the occurrence who was arrested in this case and he has been allowed post arrest bail by learned trial Court vide order dated 05.03.2015. Similarly, the bail application of Sultan, co-accused has also been allowed by the same Court vide order dated 16.03.2015. Keeping in view the relation of the present petitioner with co-accused Muhammad Naeem and his dispute with his in-laws regarding the return of his wife, Shabana Bibi possibility of false implication of present petitioner also cannot be ruled out. The petitioner has joined the investigation. Hence, sending the petitioner behind the bars to come out on post arrest bail only after a few days is not justified as is held by this Court and the Hon'ble Supreme Court of Pakistan in the cases of Muhammad Aslam v. The State (PM 1999 Cr.C. Lahore 1504) and Muhammad Ramzan v. Zafar Ullah & another (1986 SCM R 1380).
5. 5.In this view of the matter this petition is allowed and the ad-interim pre-arrest bail already granted to the petitioner vide order dated 3.4.2015 is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 100,000/-, with one surety in the like amount, to the satisfaction of the learned trial Court.