ABDUL SAMI KHAN, J.---After arguing the case at length, learned counsel for the petitioners submits that he wants to withdraw this petition to the extent of Tahir Ali petitioner at Sr. No.2 in order to surrender him before the investigating officer, therefore, this petition to the extent of Tahir Ali petitioner at Sr. No.2 is dismissed as having been withdrawn and the ad interim pre-arrest bail already granted to him is recalled.
2. Through this petition under section 498, Cr.P.C. Muhammad Sikandar petitioner has sought pre- arrest bail in case FIR No.755/17, dated 21.09.2017 registered at Police Station Thekri Wala, District Faisalabad in respect of offences under sections 337-A(v), 34, P.P.C.
3. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail before arrest and only tentative assessment is required at this stage. It has been noticed by this Court that although Muhammad Sikandar petitioner is named in FIR, yet the fact remains that there is an unexplained delay of eighteen days in registration of FIR, which prima facie shows that the FIR has been got registered after due deliberation and consultation. It is an admitted position of the case that the only injury observed by the doctor on the head of Nasir Javed injured, which is declared as 337-A(v), P.P.C., is specifically attributed to co-accused Tahir Ali, whose bail has been dismissed as withdrawn in the preceding paragraph and as far as Muhammad Sikandar petitioner is concerned, the role of giving beating by him to Nasir Javed injured is prima facie not borne out from medico legal certificate of the injured. It is settled law that the questions of sharing common intention and vicarious liability of Muhammad Sikandar petitioner in the commission of alleged occurrence shall be determined by learned trial court after recording evidence. Moreover, Muhammad Sikandar petitioner is real father of main accused Tahir Ali and possibility cannot be ruled out of consideration that Muhammad Sikandar petitioner has been roped in this case by the complainant after spreading the net wide. Admittedly Muhammad Sikandar petitioner is previous non-convict; he has already joined the investigation which is complete to his extent and his physical custody cannot be handed over to police particularly when he was not armed with any weapon at the time of alleged incident, therefore, no useful purpose would be served by sending him behind the bars so as to enable him to come out of jail on post- arrest bail after few days.
4. For what has been discussed above, false implication of Muhammad Sikandar petitioner by the complainant by spreading the net wide cannot be ruled out of consideration and he has made out a case for grant of pre-arrest bail in his favour, hence, this petition is allowed to the extent of Muhammad Sikandar petitioner and the ad interim pre-arrest bail already granted to him vide this Court's order dated 11.12.2017 is hereby confirmed subject to furnishing bail bonds in the sum of Rs.50,000/- (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of learned trial court.
5 The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.