' ABDUL SAMI KHAN, J.---Through this petition under section 498, Cr.P.C. The petitioner has sought pre-arrest bail in case FIR No,162/16, dated 25.04.2016 registered at Police Station Saddar Phoolnagar, District Kasur in respect of offences under sections 337A(i), 337A(ii), 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 one year, one month and 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. Admittedly, there is a dispute of property between the parties regarding which civil litigation is pending and that can be the reason for false implication of the petitioner by the complainant in the instant case. 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 13.03.2015. In such situation, recovery of weapon of offence i.e, "danda" is of little help to the prosecution. In this regard, reliance can be placed on 2014 SCM R 1349. Admittedly the petitioner is previous non-convict and never involved in any other case of such like nature, therefore, section 337N(2), P.P.C. Comes to his rescue as he is not a previous convict, neither he is hardened, dangerous, desperate criminal nor he has committed the alleged offence on the pretext of honour. In this regard, section 337N(2), P.P.C. Is reproduced as under:-- 337-N. Cases in which qisas for hurt shall not be enforced: (2) Notwithstanding anything contained in this Chapter, in all cases of hurt, the Court may, having regard to the kind of hurt caused by him, in addition to payment of arsh, award ta'zir to an offender who is a previous convict, habitual or hardened, desperate or dangerous criminal [or the offence has been committed by him in the name or on the pretext of honour] ' Provided that the ta'zir shall not be less than one-third of the maximum imprisonment provided for the hurt caused if the offender is a previous convict, habitual, hardened, desperate or dangerous criminal or if the offence has been committed by him in the name or on the pretext of honour.
' 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 them to come out of jail on post arrest bail after few days.
3. For what has been discussed above, false implication of the petitioner by the complainant with ulterior motive and mala fide intention cannot be ruled out of consideration, therefore, this petition is allowed and the ad interim pre-arrest bail already granted to the petitioner 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