ABDUL SAMI KHAN, J.---Petitioner Muhammad Zubair Rana through this criminal miscellaneous seeks pre-arrest bail in case FIR No,988/2016 dated 14.9.2016 registered under sections 496-A, 376, 420, 468, 471, P.P.C. at Police Station Liaquatabad, Lahore.
2. After hearing the learned counsel for the parties and perusing the record, it is noticed that the petitioner is not named in the FIR and he has been involved in this case through one of the statement under section 164, Cr.P.C. dated 04.01.2016 got recorded by the alleged abductee.
Furthermore copy of Nikahnama of the alleged abductee Mst. Mehwish with one Tanveer Rana, who is real brother of the petitioner, is available on the record and admittedly said brother of the petitioner Tanveer Rana is P.O. in this case, according to which they married with each other on 15.9.2016. This fact is also corroborated from the statement of the alleged abductee under section 164, Cr.P.C. which was got recorded by her on 29.9.2016 before the learned Magistrate 1st Class, Islamabad, wherein she categorically stated that on 15.9.2016 she with her free will and consent contracted marriage with Tanveer Rana and no one has abducted her and that her father has got registered false case against her husband and his family members. Thereafter, Mst. Mehwish, the alleged abductee got ex parte decree A dated 17.04.2017 of dissolution of marriage from the court of Judge Family Court, Lahore. I may observe here that it is common practice in our society that when girl join her parents she usually take somersault and involve her husband and his family due to the pressure of her parents. Another aspect of the matter is that the complainant has also involved Gulzar Bibi and Mst. Neelum Munir, mother and sister of the petitioner and in the said case, Mst. Gulzar Bibi has already been granted pre-arrest bail by the learned Additional Sessions Judge, Lahore while Mst. Neelum Munir has been found innocent by the police during the investigation. In these circumstances, possibility of false involvement of the petitioner in the instant case due to mala fide and ulterior motive of the complainant by widening the net cannot be ruled out of consideration so that nobody should be left to pursue the case. It is settled principle of law in administration of criminal justice that vicarious liability or sharing common intention in the commission of the alleged occurrence shall be determined at trial after recording the evidence of the parties. The petitioner is previous non-convict; never involved in any other case; investigation of this case to the extent of present petitioner is completed nothing is to be recovered from him, hence, no useful purpose would be served by sending him behind the bars.
3. For what has been discussed above, false implication of the petitioner by the complainant after joining hands with the local police cannot be ruled out of consideration, hence, ad-interim pre- arrest bail already granted to the petitioner vide this Court's order dated 14.09.2017 is hereby confirmed subject to his furnishing bail bond in the sum of Rs,1,00,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of learned Trial Court.