RAJA SHAHID MEHMOOD ABBASI, J. -- Through this petition u/S. 498, Cr.P.C. the petitioner Muhammad Amin Shehzad, seeks pre-arrest bail in case F.I.R. No, 137, dated 25.5.2017 u/Ss. 337- A(ii)/34, PPC, registered at Police Station, Tibba Sultanpur District Vehari.
2. Briefly the prosecution case mentioned in the crime report is that on 23.5.2017 the petitioner alongwith his co-accused caused injuries to the complainant. The role attributed to the petitioner is that he caused injuries on his head.
3. Heard. Record perused.
4. It divulges from the record that although the petitioner aiongwith other co-accused is nominated in the crime report. The role assigned to him is that he caused iron rod blow on the head of the complainant. Record further reveals that during the same occurrence present petitioner also received five injuries and he was also medically examined on the same day and a cross-version was also lodged. The said injuries on the person of the petitioner were suppressed by the complainant while lodging the instant F.I.R. Due to this act of the complainant the entire case against the petitioner is covered under clouds of doubt. In view of the above-stated position, the false implication of the petitioner in the instant case cannot be ruled out. In case of counter- version arising from the same incident one given by the complainant in the F.I.R. and the other given by the opposite party, the case-law is almost settled that such cases are covered for grant of bail on the ground of further inquiry. Reliance is placed on Shoaib Mehmood Butt Vs. lftikhar-ul- Haq and 3 others (1996 SCM R 1845). In this esteemed judgment the Hon'ble Supreme Court observed as under:-- "In case of counter-version arising from the same incident, one given by complainant in F.I.R. and the other given by the opposite-party case-law is almost settled that sudh cases are covered for grant of bail on the ground of further inquiry as contemplated under Section 497(2), CrP.C. In such cases normally, bail is granted on the ground of further enquiry for the reason that the question as to which version is correct is to be decided by the Trial Court which is supposed to record evidence and also appraise the same in order to come to a final conclusion in this regard. In cases of counter-version, normally, plea of private defence is taken giving raise to question as to which party is aggressor and which party is aggressed. In the case of Fazal Muhammad v. Ali Ahmad (1976 SCMR 391) in cross-cases the High Court granted bail to the accused on the ground that there was probability of counter-version being true as some of the accused had received injuries including a grievous injury on the head of one accused. It was held by, this Court that in such circumstances the High Court was right in granting bail and no interference was warranted.
In the same context, reference can be made to the case of Mst. Shafiqan v. Hashim Ali and others (1972. SCMR 682)."
I have noticed that the occurrence in this case had taken place on 23.5.2017 i,e, about four months go this stage it cannot be said with certainty that investigating Officer will be successful to recover the required weapon of offence and recovery of iron rod after about four months would hardly be any helpful to the prosecution. Reliance is placed on the case of Malik Muhammad Aslam Vs. The State and others (2016 SCMR 1349). The basic ingredient for grant of pre-arrest bail is mala fide on the part of the complainant or the police which has been fully established by the petitioner as discussed above. The petitioner is on interim bail since 4.7.2017. The petitioner according to the Investigating. Officer, has already joined the investigation. No useful purpose would be served by sending the petitioner behinds the bars.
5. Consequently, this petition is allowed, ad-interim pre-arrest bail already granted to Muhammad Amin Shehzad petitioner, is confirmed subject to his furnishing fresh bail bond in the sum of Rs, 1,00,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of learned Trial Court.