1. The petitioners Zeshan Ali and Muhammad Imran alias Umair through the instant petition seek pre-arrest bail in case FIR No. 815 dated 20.12.2018 registered at P.S. Bhikhi District Sheikhupura offences under Sections 324/448/148/149/511 of PPC.
2. As per police report, the complainant has duly been served with the notice of this case but no one appeared on his behalf despite repeated calls. Even otherwise, it is a State case and learned DPG is ready to argue the same therefore, I proceed to decide the same after hearing the arguments of learned counsel for the petitioners, learned DPG and perusal of the record.
3. Arguments heard. Record perused.
4. As per brief allegations levelled in the FIR, 20.12.2018 at 10:00 a.m. the petitioners along with their co-accused while armed with different weapons launched an attack on the complainant and made firing on him but luckily the fire shots did not hit the complainant however , the fire shots made by the petitioners landed on the tyre of the tractor of the complainant. The petitioners and their co-accused also extended threats of life to the complainant party hence, the abovementioned FIR. 5.
5. The story narrated in the FIR does not appeal to a prudent mind because according to the said story, as many as, 05 nominated and 3/4 unknown accused i.e. total 8/9 accused, who were armed with different firearms weapons like Kalashnikov, Repeater guns etc. made fire shots on the complainant but the complainant did not receive a single injury on his body, though the fire shots made by the petitioner landed on the tyres of the tractor of the complainant. Even the said tractor was not taken into possession on the day of occurrence i.e. 20.12.2018 and the same was taken into possession on 29.12.2018 i.e. with the delay of 09 days from the occurrence. Learned counsel for the petitioners has placed on record an earlier suit filed by Bilal Abroad, brother of Zeshan Petitioner No. 1 against Muhammad Shafique complainant which suit was filed on 20.08.2015 wherein interim stay was granted by the learned Civil Judge Class-III, Sheikhupura on 20.08.2015. He submits that due to the abovementioned civil litigation, the petitioners have falsely been implicated in this case by the complainant. As no body has been injured during the occurrence and the story narrated in the FIR does not appeal to common sense and there is previous litigation between the parties therefore, possibility of mala fide involvement of the petitioners in this case by the complainant cannot be ruled out at this stage.
6. 5-A. In the light of above, this petition is allowed and interim pre-arrest bail already granted to the petitioners is confirmed subject to their furnishing the fresh bail bonds in the sum of Rs. 50,00 0/-(Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial. Court.