Shareefan Bibi, petitioner seeks pre-arrest bail in case FIR No, 21 dated 21.1.2017 under Sections 337- A(i), 336, 34, PPC registered at Police Station Ghaziabad, District Sahiwal.
2. Allegedly, the petitioner alongwith his co-accused and in furtherance of common intention caused Salahiyyat-i-Udw (up-rooted tooth of the complainant)
3. After hearing the arguments advanced by the learned counsel for the parties and perusing the record, it was noticed that there was unexplained delay of nine days in lodging the FIR. The question of applicability of Sections 334/337W), PPC would be adjudged by the learned trial Court after recording the evidence in view of the allegation. In "Zahoor Ahmad and another v. The State"
(2005 YLR 1664), this Court observed that the case under Section 334, PPC is made out if any organ or limb is amputated whereas fingers of hand or toes of foot are not organs and similarly tooth are not organs, the whole jaw is an organ. The petitioner has joined the investigation and nothing was recovered from her possession. She is female and sending the petitioner behind the bars at this stage would not serve any purpose to the prosecution and this would be a colour of ludicrousness to send the petitioner behind the bars, if she has to come out after a few days. Reliance, in this respect can be placed on "Muhammad Aslam v. The State" (1999 CrLJ 749). She has asserted mala fide in the instant petition without allegation of the misuse of ad-interim pre arrest bail.
4. For the reasons mentioned above, the application is accepted and the ad-interim pre-arrest bail earlier granted to the petitioner is confirmed subject to her furnishing fresh bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of learned trial Court/Duty Judge.